86R28206 JCG-F
By: Springer H.B. No. 4448
Substitute the following for H.B. No. 4448:
By: Harless C.S.H.B. No. 4448
A BILL TO BE ENTITLED
AN ACT
relating to the use of unmanned aircraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 423.001, Government Code, is amended to
read as follows:
Sec. 423.001. DEFINITIONS [DEFINITION]. 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) "Critical infrastructure facility" means one of
the following, if 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:
(A) a petroleum or alumina refinery;
(B) an electrical power generating facility,
substation, switching station, or electrical control center;
(C) a chemical, polymer, or rubber manufacturing
facility;
(D) a water intake structure, water treatment
facility, wastewater treatment plant, or pump station;
(E) a natural gas compressor station;
(F) a liquid natural gas terminal or storage
facility;
(G) a telecommunications central switching
office or any structure used as part of a system to provide wired or
wireless telecommunications services;
(H) a port, railroad switching yard, trucking
terminal, or other freight transportation facility;
(I) a gas processing plant, including a plant
used in the processing, treatment, or fractionation of natural gas;
(J) a transmission facility used by a federally
licensed radio or television station;
(K) a steelmaking facility that uses an electric
arc furnace to make steel;
(L) a dam that is classified as a high hazard by
the Texas Commission on Environmental Quality;
(M) a concentrated animal feeding operation, as
defined by Section 26.048, Water Code;
(N) any portion of an aboveground oil, gas, or
chemical pipeline;
(O) an oil or gas drilling site;
(P) a group of tanks used to store crude oil, such
as a tank battery;
(Q) an oil, gas, or chemical production facility;
(R) an oil or gas wellhead;
(S) any oil and gas facility that has an active
flare;
(T) an airport, as defined by Section 22.001,
Transportation Code, that serves commercial air carriers; or
(U) a military installation owned or operated by
or for the federal government, the state, or another governmental
entity.
(3) "Dam" means any barrier, including any appurtenant
structures, that is constructed for the purpose of permanently or
temporarily impounding water.
(4) "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.
(5) "Image" [, "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.
(6) "Sports venue" means an arena, automobile
racetrack, coliseum, stadium, or other type of area or facility
that:
(A) has a seating capacity of 30,000 or more
people; and
(B) is primarily used for one or more
professional or amateur sports or athletics events.
SECTION 2. Section 423.002(a), Government Code, is amended
to read as follows:
(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 Texas military forces, as defined by Section
437.001, or 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:
(A) is captured for the purpose of delivering
consumer goods ordered through an Internet website or mobile
application and the operation of the unmanned aircraft at the time
the image was captured is conducted in compliance with:
(i) each applicable Federal Aviation
Administration rule, restriction, or exemption; and
(ii) all required Federal Aviation
Administration authorizations; and
(B) is not publicly disclosed, displayed, or
distributed;
(23) if:
(A) the image is captured by a state agency or
local health authority:
(i) for the purpose of assessing unsafe
environmental conditions when physical entry onto the property is
unsafe due to conditions such as an abandoned swimming pool,
illegal dumping of refuse, or a chemical leak or spill; and
(ii) in response to an inspection, or
attempted inspection, on commercial property or to a disaster, as
defined by Section 418.004; and
(B) the state agency or local health authority:
(i) provides notice to the owner or manager
of the property, as applicable, before the agency or authority
captures the image; or
(ii) determines that conditions on the
property are an imminent threat to public health;
(24) if the image is captured for the purpose of
disaster preparedness, including for the inspection, maintenance,
or repair of public infrastructure, by:
(A) a county with a population of 550,000 or more
that is adjacent to a county with a population of 3.3 million or
more; or
(B) a person who is under contract with or
otherwise acting under the direction or on behalf of a county
described by Paragraph (A); or
(25) if the image is captured by a governmental entity
or a person contracted by or under the direction of a governmental
entity, for the purpose of:
(A) the provision of 9-1-1 service; or
(B) a mapping project or service other than a
project or service for a law enforcement purpose.
SECTION 3. The heading to Section 423.0045, Government
Code, is amended to read as follows:
Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT
OVER CERTAIN FACILITIES [CORRECTIONAL FACILITY, DETENTION
FACILITY, OR CRITICAL INFRASTRUCTURE FACILITY].
SECTION 4. Sections 423.0045(b) and (d), Government Code,
are amended to read as follows:
(b) A person commits an offense if the person intentionally
or knowingly:
(1) operates an unmanned aircraft over a correctional
facility, detention facility, sports venue, 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.
(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 under Section
423.0046 as that section existed on August 31, 2019.
SECTION 5. 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 and amended to
read as follows:
(c) This section does not apply to:
(1) conduct described by Subsection (b) that involves
a correctional facility, detention facility, sports venue, 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 sports venue or critical infrastructure facility and is committed
by:
(A) an owner or operator of the sports venue or
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 sports venue or critical infrastructure facility;
(C) a person who has the prior written consent of
the owner or operator of the sports venue or critical
infrastructure facility; or
(D) the owner or occupant of the property on
which the sports venue or critical infrastructure facility is
located or a person who has the prior written consent of the owner
or occupant of that property.
SECTION 6. Sections 423.0045(a), 423.0046, and 423.006,
Government Code, are repealed.
SECTION 7. (a) Except as otherwise provided by this Act,
Chapter 423, 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.
(b) The repeal of Section 423.0046, Government Code, does
not apply to an offense committed before 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.
(c) 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 8. The repeal of Section 423.006, Government Code,
does not apply to a cause of action that accrues before the
effective date of this Act. A cause of action that accrues before
the effective date of this Act is governed by the law applicable to
the cause of action immediately before that date, and that law is
continued in effect for that purpose.
SECTION 9. 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 10. This Act takes effect September 1, 2019.