By: Springer H.B. No. 4448
A BILL TO BE ENTITLED
AN ACT
relating to the use of an unmanned aircraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 423.001. DEFINITION. (a) In this chapter,
(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.
(2) "Dam" means any barrier, including any appurtenant
structures, that is constructed for the purpose of permanently or
temporarily impounding water.
(3) "Detention facility" means a facility operated by
or under contract with United States Immigration and Customs
Enforcement for the purpose of detaining aliens and placing them in
removal proceedings.
(4) "image" means any capturing of sound waves,
thermal, infrared, ultraviolet, visible light, or other
electromagnetic waves, odor, or other conditions existing on or
about real property in this state or an individual located on that
property.
(5) "sports venue" means an arena, automobile
racetrack, coliseum, stadium, or other type of area or facility
that:
(A)(1) has a seating capacity of 30,000 or more
people; and
(B)(2) is primarily used for one or more
professional or amateur sports or athletics events.
SECTION 2. Sec. 423.002. NONAPPLICABILITY. (a) It is
lawful to capture an image using an unmanned aircraft in this state:
(1) for the purpose of professional or scholarly
research and development or for another academic purpose by a
person acting on behalf of an institution of higher education or a
private or independent institution of higher education, as those
terms are defined by Section 61.003, Education Code, including a
person who:
(A) is a professor, employee, or student of the
institution; or
(B) is under contract with or otherwise acting
under the direction or on behalf of the institution;
(2) in airspace designated as a test site or range
authorized by the Federal Aviation Administration for the purpose
of integrating unmanned aircraft systems into the national
airspace;
(3) as part of an operation, exercise, or mission of
any branch of the United States military;
(4) if the image is captured by a satellite for the
purposes of mapping;
(5) if the image is captured by or for an electric or
natural gas utility or a telecommunications provider:
(A) for operations and maintenance of utility or
telecommunications facilities for the purpose of maintaining
utility or telecommunications system reliability and integrity;
(B) for inspecting utility or telecommunications
facilities to determine repair, maintenance, or replacement needs
during and after construction of such facilities;
(C) for assessing vegetation growth for the
purpose of maintaining clearances on utility or telecommunications
easements; and
(D) for utility or telecommunications facility
routing and siting for the purpose of providing utility or
telecommunications service;
(6) with the consent of the individual who owns or
lawfully occupies the real property captured in the image;
(7) pursuant to a valid search or arrest warrant;
(8) if the image is captured by a law enforcement
authority or a person who is under contract with or otherwise acting
under the direction or on behalf of a law enforcement authority:
(A) in immediate pursuit of a person law
enforcement officers have reasonable suspicion or probable cause to
suspect has committed an offense, not including misdemeanors or
offenses punishable by a fine only;
(B) for the purpose of documenting a crime scene
where an offense, not including misdemeanors or offenses punishable
by a fine only, has been committed;
(C) for the purpose of investigating the scene
of:
(i) a human fatality;
(ii) a motor vehicle accident causing death
or serious bodily injury to a person; or
(iii) any motor vehicle accident on a state
highway or federal interstate or highway;
(D) in connection with the search for a missing
person;
(E) for the purpose of conducting a high-risk
tactical operation that poses a threat to human life;
(F) of private property that is generally open to
the public where the property owner consents to law enforcement
public safety responsibilities; or
(G) of real property or a person on real property
that is within 25 miles of the United States border for the sole
purpose of ensuring border security;
(9) if the image is captured by state or local law
enforcement authorities, or a person who is under contract with or
otherwise acting under the direction or on behalf of state
authorities, for the purpose of:
(A) surveying the scene of a catastrophe or other
damage to determine whether a state of emergency should be
declared;
(B) preserving public safety, protecting
property, or surveying damage or contamination during a lawfully
declared state of emergency; or
(C) conducting routine air quality sampling and
monitoring, as provided by state or local law;
(10) at the scene of a spill, or a suspected spill, of
hazardous materials;
(11) for the purpose of fire suppression;
(12) for the purpose of rescuing a person whose life or
well-being is in imminent danger;
(13) if the image is captured by a Texas licensed real
estate broker in connection with the marketing, sale, or financing
of real property, provided that no individual is identifiable in
the image;
(14) from a height no more than eight feet above ground
level in a public place, if the image was captured without using any
electronic, mechanical, or other means to amplify the image beyond
normal human perception;
(15) of public real property or a person on that
property;
(16) if the image is captured by the owner or operator
of an oil, gas, water, or other pipeline for the purpose of
inspecting, maintaining, or repairing pipelines or other related
facilities, and is captured without the intent to conduct
surveillance on an individual or real property located in this
state;
(17) in connection with oil pipeline safety and rig
protection;
(18) in connection with port authority surveillance
and security;
(19) if the image is captured by a registered
professional land surveyor in connection with the practice of
professional surveying, as those terms are defined by Section
1071.002, Occupations Code, provided that no individual is
identifiable in the image;
(20) if the image is captured by a professional
engineer licensed under Subchapter G, Chapter 1001, Occupations
Code, in connection with the practice of engineering, as defined by
Section 1001.003, Occupations Code, provided that no individual is
identifiable in the image; or
(21) if:
(A) the image is captured by an employee of an
insurance company or of an affiliate of the company in connection
with the underwriting of an insurance policy, or the rating or
adjusting of an insurance claim, regarding real property or a
structure on real property; and
(B) the operator of the unmanned aircraft is
authorized by the Federal Aviation Administration to conduct
operations within the airspace from which the image is captured.
(22) if the image is:
(A) captured by a person operating the unmanned
aircraft:
(i) for a commercial purpose; and
(ii) in compliance with Federal Aviation
Administration regulations, authorizations or exemptions; and
(B) reasonably related to the commercial
purpose, including images captured for purposes of navigation or
public safety
(b) This chapter does not apply to the manufacture,
assembly, distribution, or sale of an unmanned aircraft.
SECTION 3. Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED
AIRCRAFT TO CAPTURE IMAGE. OPERATION OF UNMANNED AIRCRAFT OVER
CORRECTIONAL FACILITY, DETENTION FACILITY, OR CRITICAL
INFRASTRUCTURE FACILITY OR SPORTS VENUE. (a) A person commits an
offense if the person uses an unmanned aircraft to capture an image
of an individual or privately owned real property in this state with
the intent to conduct surveillance on the individual or property
captured in the image.
(b) An offense under this section is a Class C misdemeanor.
(c) It is a defense to prosecution under this section that
the person destroyed the image:
(1) as soon as the person had knowledge that the image
was captured in violation of this section; and
(2) without disclosing, displaying, or distributing
the image to a third party.
(d) In this section, "intent" has the meaning assigned by
Section 6.03 , Penal Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912 ), Sec. 2,
eff. September 1, 2013.
(a) In this section:
(1) "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
(B) if enclosed by a fence or other physical
barrier obviously designed to exclude intruders:
(xiv) any portion of an aboveground oil,
gas, or chemical pipeline;
(xvii) an oil or gas drilling site;
(xviii) a group of tanks used to store crude
oil, such as a tank battery;
(ixvii) an oil, gas, or chemical production
facility;
(xviii) an oil or gas wellhead; or
(vixix) any oil and gas facility that has an
active flare.
(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.
(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:
(ixx) a petroleum or alumina refinery;
(i xx i) an electrical power generating
facility, substation, switching station, or electrical control
center;
( xx iii) a chemical, polymer, or rubber
manufacturing facility;
( xxii iv) a water intake structure, water
treatment facility, wastewater treatment plant, or pump station;
(xxiv) a natural gas compressor station;
( xx vi) a liquid natural gas terminal or
storage facility;
( xx vii) a telecommunications central
switching office;
( xx viii) a port, railroad switching yard,
trucking terminal, or other freight transportation facility;
( xxv i ii x) a gas processing plant, including
a plant used in the processing, treatment, or fractionation of
natural gas;
(x xix ) a transmission facility used by a
federally licensed radio or television station;
(x xx i) a steelmaking facility that uses an
electric arc furnace to make steel; or
(x xx ii) a dam that is classified as a high
hazard by the Texas Commission on Environmental Quality . ; or
(B) any portion of an aboveground oil, gas, or
chemical pipeline that is enclosed by a fence or other physical
barrier that is obviously designed to exclude intruders.
(2) "Dam" means any barrier, including any appurtenant
structures, that is constructed for the purpose of permanently or
temporarily impounding water.
(3) "Detention facility" means a facility operated by
or under contract with United States Immigration and Customs
Enforcement for the purpose of detaining aliens and placing them in
removal proceedings.
(b) A person commits an offense if the person intentionally
or knowingly:
(1) operates an unmanned aircraft over a correctional
facility, detention facility, or critical infrastructure facility
or sports venue 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.
(c) This section does not apply to conduct described by
Subsection (b) that is committed by:
(1) the federal government, the state, or a
governmental entity;
(2) a person under contract with or otherwise acting
under the direction or on behalf of the federal government, the
state, or a governmental entity;
(3) a law enforcement agency;
(4) a person under contract with or otherwise acting
under the direction or on behalf of a law enforcement agency;
(5) an owner or operator of the critical
infrastructure facility or sports venue;
(6) a person under contract with or otherwise acting
under the direction or on behalf of an owner or operator of the
critical infrastructure facility or sports venue;
(7) a person who has the prior written consent of the
owner or operator of the critical infrastructure facility or sports
venue;
(8) the owner or occupant of the property on which the
critical infrastructure facility or sports venue is located or a
person who has the prior written consent of the owner or occupant of
that property; or
(9) an operator of an unmanned aircraft that is being
used for a commercial purpose, if the operation is conducted in
compliance with:
(A) each applicable Federal Aviation
Administration rule, restriction, or exemption; and
(B) all required Federal Aviation Administration
authorizations.
(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.
(d) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the actor has
previously been convicted under this section. or Section 423.0046.
Sec. 423.0046. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER
SPORTS VENUE. (a) In this section, "sports venue" means an arena,
automobile racetrack, coliseum, stadium, or other type of area or
facility that:
(1) has a seating capacity of 30,000 or more people;
and
(2) is primarily used for one or more professional or
amateur sports or athletics events.
(b) A person commits an offense if the person intentionally
or knowingly operates an unmanned aircraft over a sports venue and
the unmanned aircraft is not higher than 400 feet above ground
level.
(c) This section does not apply to conduct described by
Subsection (b) that is committed by:
(1) the federal government, the state, or a
governmental entity;
(2) a person under contract with or otherwise acting
under the direction or on behalf of the federal government, the
state, or a governmental entity;
(3) a law enforcement agency;
(4) a person under contract with or otherwise acting
under the direction or on behalf of a law enforcement agency;
(5) an operator of an unmanned aircraft that is being
used for a commercial purpose, if the operation is conducted in
compliance with:
(A) each applicable Federal Aviation
Administration rule, restriction, or exemption; and
(B) all required Federal Aviation Administration
authorizations;
(6) an owner or operator of the sports venue;
(7) a person under contract with or otherwise acting
under the direction or on behalf of an owner or operator of the
sports venue; or
(8) a person who has the prior written consent of the
owner or operator of the sports venue.
(d) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the actor has
previously been convicted under this section or Section 423.0045 .
SECTION 4. Sec. 423.0045. ILLEGALLY OR INCIDENTALLY
CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise
provided by Subsection (b), an image captured in violation of
Section 423.003, or an image captured by an unmanned aircraft that
was incidental to the lawful capturing of an image:
(1) may not be used as evidence in any criminal or
juvenile proceeding, civil action, or administrative proceeding;
(2) is not subject to disclosure, inspection, or
copying under Chapter 552; and
(3) is not subject to discovery, subpoena, or other
means of legal compulsion for its release.
(b) An image described by Subsection (a) may be disclosed
and used as evidence to prove a violation of this chapter and is
subject to discovery, subpoena, or other means of legal compulsion
for that purpose.
Sec. 423.006. CIVIL ACTION. (a) An owner or tenant of
privately owned real property located in this state may bring
against a person who, in violation of Section 423.003 , captured an
image of the property or the owner or tenant while on the property
an action to:
(1) enjoin a violation or imminent violation of
Section 423.003 or 423.004 ;
(2) recover a civil penalty of:
(A) $5,000 for all images captured in a single
episode in violation of Section 423.003 ; or
(B) $10,000 for disclosure, display,
distribution, or other use of any images captured in a single
episode in violation of Section 423.004 ; or
(3) recover actual damages if the person who captured
the image in violation of Section 423.003 discloses, displays, or
distributes the image with malice.
(b) For purposes of recovering the civil penalty or actual
damages under Subsection (a), all owners of a parcel of real
property are considered to be a single owner and all tenants of a
parcel of real property are considered to be a single tenant.
(c) In this section, "malice" has the meaning assigned by
Section 41.001 , Civil Practice and Remedies Code.
(d) In addition to any civil penalties authorized under this
section, the court shall award court costs and reasonable
attorney's fees to the prevailing party.
(e) Venue for an action under this section is governed by
Chapter 15 , Civil Practice and Remedies Code.
(f) An action brought under this section must be commenced
within two years from the date the image was:
(1) captured in violation of Section 423.003; or
(2) initially disclosed, displayed, distributed, or
otherwise used in violation of Section 423.004 .
SECTION 5. Sec. 423.0057. RULES FOR USE BY LAW ENFORCEMENT.
The Department of Public Safety shall adopt rules and guidelines
for use of an unmanned aircraft by a law enforcement authority in
this state.
SECTION 6. Sec. 423.0068. REPORTING BY LAW ENFORCEMENT
AGENCY. (a) Not earlier than January 1 and not later than January
15 of each odd-numbered year, each state law enforcement agency and
each county or municipal law enforcement agency located in a county
or municipality, as applicable, with a population greater than
150,000, that used or operated an unmanned aircraft during the
preceding 24 months shall issue a written report to the governor,
the lieutenant governor, and each member of the legislature and
shall:
(1) retain the report for public viewing; and
(2) post the report on the law enforcement agency's
publicly accessible website, if one exists.
(b) The report must include:
(1) the number of times an unmanned aircraft was used,
organized by date, time, location, and the types of incidents and
types of justification for the use;
(2) the number of criminal investigations aided by the
use of an unmanned aircraft and a description of how the unmanned
aircraft aided each investigation;
(3) the number of times an unmanned aircraft was used
for a law enforcement operation other than a criminal
investigation, the dates and locations of those operations, and a
description of how the unmanned aircraft aided each operation;
(4) the type of information collected on an
individual, residence, property, or area that was not the subject
of a law enforcement operation and the frequency of the collection
of this information; and
(5) the total cost of acquiring, maintaining,
repairing, and operating or otherwise using each unmanned aircraft
for the preceding 24 months.
SECTION 7. Sec. 423.0079. REGULATION OF UNMANNED AIRCRAFT
BY POLITICAL SUBDIVISION. (a) In this section:
(1) "Political subdivision" includes a county, a joint
board created under Section 22.074, Transportation Code, and a
municipality.
(2) "Special event" means a festival, celebration, or
other gathering that:
(A) involves:
(i) the reservation and temporary use of
all or a portion of a public park, road, or other property of a
political subdivision; and
(ii) entertainment, the sale of
merchandise, food, or beverages, or mass participation in a sports
event; and
(B) requires a significant use or coordination of
a political subdivision's services.
(b) Except as provided by Subsection (c), a political
subdivision may not adopt or enforce any ordinance, order, or other
similar measure regarding the operation of an unmanned aircraft.
(c) A political subdivision may adopt and enforce an
ordinance, order, or other similar measure regarding:
(1) the use of an unmanned aircraft during a special
event;
(2) the political subdivision's use of an unmanned
aircraft; or
(3) the use of an unmanned aircraft near a facility or
infrastructure owned by the political subdivision, if the political
subdivision:
(A) applies for and receives authorization from
the Federal Aviation Administration to adopt the regulation; and
(B) after providing reasonable notice, holds a
public hearing on the political subdivision's intent to apply for
the authorization.
(d) An ordinance, order, or other similar measure that
violates Subsection (b) is void and unenforceable.
SECTION 8. 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 9. This Act takes effect September 1, 2019.