H.B. No. 3082
AN ACT
relating to investigating and prosecuting the criminal offense of
operating an unmanned aircraft over or near certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 423.0045(a)(1), Government Code, as
amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(1) "Correctional facility" means:
(A) a confinement facility operated by or under
contract with any division of the Texas Department of Criminal
Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under
contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure
detention facility, as defined by Section 51.02, Family Code.
SECTION 2. Section 423.0045(a)(1-a), Government Code, is
reenacted to conform to the changes made to Section 423.0045(a)(1),
Government Code, by Chapter 824 (H.B. 1643), Acts of the 85th
Legislature, Regular Session, 2017, and is further amended to read
as follows:
(1-a) "Critical infrastructure facility" means:
(A) one of the following, if completely enclosed
by a fence or other physical barrier that is obviously designed to
exclude intruders, or if clearly marked with a sign or signs that
are posted on the property, are reasonably likely to come to the
attention of intruders, and indicate that entry is forbidden:
(i) a petroleum or alumina refinery;
(ii) an electrical power generating
facility, substation, switching station, or electrical control
center;
(iii) a chemical, polymer, or rubber
manufacturing facility;
(iv) a water intake structure, water
treatment facility, wastewater treatment plant, or pump station;
(v) a natural gas compressor station;
(vi) a liquid natural gas terminal or
storage facility;
(vii) a telecommunications central
switching office or any structure used as part of a system to
provide wired or wireless telecommunications services;
(viii) a port, railroad switching yard,
trucking terminal, or other freight transportation facility;
(ix) a gas processing plant, including a
plant used in the processing, treatment, or fractionation of
natural gas;
(x) a transmission facility used by a
federally licensed radio or television station;
(xi) a steelmaking facility that uses an
electric arc furnace to make steel;
(xii) a dam that is classified as a high
hazard by the Texas Commission on Environmental Quality; [or]
(xiii) a concentrated animal feeding
operation, as defined by Section 26.048, Water Code; or
(xiv) a military installation owned or
operated by or for the federal government, the state, or another
governmental entity; or
(B) if enclosed by a fence or other physical
barrier obviously designed to exclude intruders:
(i) any portion of an aboveground oil, gas,
or chemical pipeline;
(ii) an oil or gas drilling site;
(iii) a group of tanks used to store crude
oil, such as a tank battery;
(iv) an oil, gas, or chemical production
facility;
(v) an oil or gas wellhead; or
(vi) any oil and gas facility that has an
active flare.
SECTION 3. Section 423.0045, Government Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A person commits an offense if the person with criminal
negligence [intentionally or knowingly]:
(1) operates an unmanned aircraft over a correctional
facility, detention facility, or critical infrastructure facility
and the unmanned aircraft is not higher than 400 feet above ground
level;
(2) allows an unmanned aircraft to make contact with a
correctional facility, detention facility, or critical
infrastructure facility, including any person or object on the
premises of or within the facility; or
(3) allows an unmanned aircraft to come within a
distance of a correctional facility, detention facility, or
critical infrastructure facility that is close enough to interfere
with the operations of or cause a disturbance to the facility.
(e) A peace officer who investigates an offense under this
section shall notify the Department of Public Safety of the
investigation. The department may require further information from
the officer as the department determines necessary.
SECTION 4. Section 423.0045(c), Government Code, as amended
by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
(c) This section does not apply to:
(1) conduct described by Subsection (b) that involves
a correctional facility, detention facility, or critical
infrastructure facility and is committed by:
(A) the federal government, the state, or a
governmental entity;
(B) a person under contract with or otherwise
acting under the direction or on behalf of the federal government,
the state, or a governmental entity;
(C) a law enforcement agency;
(D) a person under contract with or otherwise
acting under the direction or on behalf of a law enforcement agency;
or
(E) an operator of an unmanned aircraft that is
being used for a commercial purpose, if the operation is conducted
in compliance with:
(i) each applicable Federal Aviation
Administration rule, restriction, or exemption; and
(ii) all required Federal Aviation
Administration authorizations; or
(2) conduct described by Subsection (b) that involves
a critical infrastructure facility and is committed by:
(A) an owner or operator of the critical
infrastructure facility;
(B) a person under contract with or otherwise
acting under the direction or on behalf of an owner or operator of
the critical infrastructure facility;
(C) a person who has the prior written consent of
the owner or operator of the critical infrastructure facility; or
(D) the owner or occupant of the property on
which the critical infrastructure facility is located or a person
who has the prior written consent of the owner or occupant of that
property.
SECTION 5. Section 423.0045, Government Code, as amended by
this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 6.
To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3082 was passed by the House on May 3,
2019, by the following vote: Yeas 141, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3082 on May 24, 2019, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3082 was passed by the Senate, with
amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor