Texas 2019 - 86th Regular

Texas House Bill HB4448 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R28206 JCG-F
2	1		By: Springer H.B. No. 4448
3		-	Substitute the following for H.B. No. 4448:
4		-	By: Harless C.S.H.B. No. 4448
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the use of unmanned aircraft.
	6	+	relating to the use of an unmanned aircraft.
10	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. Section 423.001, Government Code, is amended to
12		-	read as follows:
13		-	Sec. 423.001. DEFINITIONS [DEFINITION]. In this chapter:
	8	+	SECTION 1. Sec. 423.001. DEFINITION. (a) In this chapter,
14	9		(1) "Correctional facility" means:
15	10		(A) a confinement facility operated by or under
16	11		contract with any division of the Texas Department of Criminal
17	12		Justice;
18	13		(B) a municipal or county jail;
19	14		(C) a confinement facility operated by or under
20	15		contract with the Federal Bureau of Prisons; or
21	16		(D) a secure correctional facility or secure
22	17		detention facility, as defined by Section 51.02, Family Code.
23		-	(2) "Critical infrastructure facility" means one of
24		-	the following, if enclosed by a fence or other physical barrier that
25		-	is obviously designed to exclude intruders, or if clearly marked
26		-	with a sign or signs that are posted on the property, are reasonably
27		-	likely to come to the attention of intruders, and indicate that
28		-	entry is forbidden:
29		-	(A) a petroleum or alumina refinery;
30		-	(B) an electrical power generating facility,
31		-	substation, switching station, or electrical control center;
32		-	(C) a chemical, polymer, or rubber manufacturing
33		-	facility;
34		-	(D) a water intake structure, water treatment
35		-	facility, wastewater treatment plant, or pump station;
36		-	(E) a natural gas compressor station;
37		-	(F) a liquid natural gas terminal or storage
38		-	facility;
39		-	(G) a telecommunications central switching
40		-	office or any structure used as part of a system to provide wired or
41		-	wireless telecommunications services;
42		-	(H) a port, railroad switching yard, trucking
43		-	terminal, or other freight transportation facility;
44		-	(I) a gas processing plant, including a plant
45		-	used in the processing, treatment, or fractionation of natural gas;
46		-	(J) a transmission facility used by a federally
47		-	licensed radio or television station;
48		-	(K) a steelmaking facility that uses an electric
49		-	arc furnace to make steel;
50		-	(L) a dam that is classified as a high hazard by
51		-	the Texas Commission on Environmental Quality;
52		-	(M) a concentrated animal feeding operation, as
53		-	defined by Section 26.048, Water Code;
54		-	(N) any portion of an aboveground oil, gas, or
55		-	chemical pipeline;
56		-	(O) an oil or gas drilling site;
57		-	(P) a group of tanks used to store crude oil, such
58		-	as a tank battery;
59		-	(Q) an oil, gas, or chemical production facility;
60		-	(R) an oil or gas wellhead;
61		-	(S) any oil and gas facility that has an active
62		-	flare;
63		-	(T) an airport, as defined by Section 22.001,
64		-	Transportation Code, that serves commercial air carriers; or
65		-	(U) a military installation owned or operated by
66		-	or for the federal government, the state, or another governmental
67		-	entity.
68		-	(3) "Dam" means any barrier, including any appurtenant
	18	+	(2) "Dam" means any barrier, including any appurtenant
69	19		structures, that is constructed for the purpose of permanently or
70	20		temporarily impounding water.
71		-	(4) "Detention facility" means a facility operated by
	21	+	(3) "Detention facility" means a facility operated by
72	22		or under contract with United States Immigration and Customs
73	23		Enforcement for the purpose of detaining aliens and placing them in
74	24		removal proceedings.
75		-	(5) "Image" ~~[, "image"]~~ means any capturing of sound
76		-	~~waves,~~ thermal, infrared, ultraviolet, visible light, or other
77		-	electromagnetic waves[, odor, or other conditions existing] on or
	25	+	(4) "image" means any capturing of sound waves,
	26	+	thermal, infrared, ultraviolet, visible light, or other
	27	+	electromagnetic waves, odor, or other conditions existing on or
78	28		about real property in this state or an individual located on that
79	29		property.
80		-	(6) "Sports venue" means an arena, automobile
	30	+	(5) "sports venue" means an arena, automobile
81	31		racetrack, coliseum, stadium, or other type of area or facility
82	32		that:
83		-	(A) has a seating capacity of 30,000 or more
	33	+	(A)(1) has a seating capacity of 30,000 or more
84	34		people; and
85		-	(B) is primarily used for one or more
	35	+	(B)(2) is primarily used for one or more
86	36		professional or amateur sports or athletics events.
87		-	SECTION 2. Section 423.002(a), Government Code, is amended
88		-	to read as follows:
89		-	(a) It is lawful to capture an image using an unmanned
90		-	aircraft in this state:
	37	+	SECTION 2. Sec. 423.002. NONAPPLICABILITY. (a) It is
	38	+	lawful to capture an image using an unmanned aircraft in this state:
91	39		(1) for the purpose of professional or scholarly
92	40		research and development or for another academic purpose by a
93	41		person acting on behalf of an institution of higher education or a
94	42		private or independent institution of higher education, as those
95	43		terms are defined by Section 61.003, Education Code, including a
96	44		person who:
97	45		(A) is a professor, employee, or student of the
98	46		institution; or
99	47		(B) is under contract with or otherwise acting
100	48		under the direction or on behalf of the institution;
101	49		(2) in airspace designated as a test site or range
102	50		authorized by the Federal Aviation Administration for the purpose
103	51		of integrating unmanned aircraft systems into the national
104	52		airspace;
105	53		(3) as part of an operation, exercise, or mission of
106		-	any branch of the Texas military forces, as defined by Section
107		-	437.001, or the United States military;
	54	+	any branch of the United States military;
108	55		(4) if the image is captured by a satellite for the
109	56		purposes of mapping;
110	57		(5) if the image is captured by or for an electric or
111	58		natural gas utility or a telecommunications provider:
112	59		(A) for operations and maintenance of utility or
113	60		telecommunications facilities for the purpose of maintaining
114	61		utility or telecommunications system reliability and integrity;
115	62		(B) for inspecting utility or telecommunications
116	63		facilities to determine repair, maintenance, or replacement needs
117	64		during and after construction of such facilities;
118	65		(C) for assessing vegetation growth for the
119	66		purpose of maintaining clearances on utility or telecommunications
120	67		easements; and
121	68		(D) for utility or telecommunications facility
122	69		routing and siting for the purpose of providing utility or
123	70		telecommunications service;
124	71		(6) with the consent of the individual who owns or
125	72		lawfully occupies the real property captured in the image;
126	73		(7) pursuant to a valid search or arrest warrant;
127	74		(8) if the image is captured by a law enforcement
128	75		authority or a person who is under contract with or otherwise acting
129	76		under the direction or on behalf of a law enforcement authority:
130	77		(A) in immediate pursuit of a person law
131	78		enforcement officers have reasonable suspicion or probable cause to
132	79		suspect has committed an offense, not including misdemeanors or
133	80		offenses punishable by a fine only;
134	81		(B) for the purpose of documenting a crime scene
135	82		where an offense, not including misdemeanors or offenses punishable
136	83		by a fine only, has been committed;
137	84		(C) for the purpose of investigating the scene
138	85		of:
139	86		(i) a human fatality;
140	87		(ii) a motor vehicle accident causing death
141	88		or serious bodily injury to a person; or
142	89		(iii) any motor vehicle accident on a state
143	90		highway or federal interstate or highway;
144	91		(D) in connection with the search for a missing
145	92		person;
146	93		(E) for the purpose of conducting a high-risk
147	94		tactical operation that poses a threat to human life;
148	95		(F) of private property that is generally open to
149	96		the public where the property owner consents to law enforcement
150	97		public safety responsibilities; or
151	98		(G) of real property or a person on real property
152	99		that is within 25 miles of the United States border for the sole
153	100		purpose of ensuring border security;
154	101		(9) if the image is captured by state or local law
155	102		enforcement authorities, or a person who is under contract with or
156	103		otherwise acting under the direction or on behalf of state
157	104		authorities, for the purpose of:
158	105		(A) surveying the scene of a catastrophe or other
159	106		damage to determine whether a state of emergency should be
160	107		declared;
161	108		(B) preserving public safety, protecting
162	109		property, or surveying damage or contamination during a lawfully
163	110		declared state of emergency; or
164	111		(C) conducting routine air quality sampling and
165	112		monitoring, as provided by state or local law;
166	113		(10) at the scene of a spill, or a suspected spill, of
167	114		hazardous materials;
168	115		(11) for the purpose of fire suppression;
169	116		(12) for the purpose of rescuing a person whose life or
170	117		well-being is in imminent danger;
171	118		(13) if the image is captured by a Texas licensed real
172	119		estate broker in connection with the marketing, sale, or financing
173	120		of real property, provided that no individual is identifiable in
174	121		the image;
175	122		(14) from a height no more than eight feet above ground
176	123		level in a public place, if the image was captured without using any
177	124		electronic, mechanical, or other means to amplify the image beyond
178	125		normal human perception;
179	126		(15) of public real property or a person on that
180	127		property;
181	128		(16) if the image is captured by the owner or operator
182	129		of an oil, gas, water, or other pipeline for the purpose of
183	130		inspecting, maintaining, or repairing pipelines or other related
184	131		facilities, and is captured without the intent to conduct
185	132		surveillance on an individual or real property located in this
186	133		state;
187	134		(17) in connection with oil pipeline safety and rig
188	135		protection;
189	136		(18) in connection with port authority surveillance
190	137		and security;
191	138		(19) if the image is captured by a registered
192	139		professional land surveyor in connection with the practice of
193	140		professional surveying, as those terms are defined by Section
194	141		1071.002, Occupations Code, provided that no individual is
195	142		identifiable in the image;
196	143		(20) if the image is captured by a professional
197	144		engineer licensed under Subchapter G, Chapter 1001, Occupations
198	145		Code, in connection with the practice of engineering, as defined by
199	146		Section 1001.003, Occupations Code, provided that no individual is
200		-	identifiable in the image; [or]
	147	+	identifiable in the image; or
201	148		(21) if:
202	149		(A) the image is captured by an employee of an
203	150		insurance company or of an affiliate of the company in connection
204	151		with the underwriting of an insurance policy, or the rating or
205	152		adjusting of an insurance claim, regarding real property or a
206	153		structure on real property; and
207	154		(B) the operator of the unmanned aircraft is
208	155		authorized by the Federal Aviation Administration to conduct
209		-	operations within the airspace from which the image is captured;
210		-	(22) if the image:
211		-	(A) is captured for the purpose of delivering
212		-	consumer goods ordered through an Internet website or mobile
213		-	application and the operation of the unmanned aircraft at the time
214		-	the image was captured is conducted in compliance with:
215		-	(i) each applicable Federal Aviation
216		-	Administration rule, restriction, or exemption; and
217		-	(ii) all required Federal Aviation
218		-	Administration authorizations; and
219		-	(B) is not publicly disclosed, displayed, or
220		-	distributed;
221		-	(23) if:
222		-	(A) the image is captured by a state agency or
223		-	local health authority:
224		-	(i) for the purpose of assessing unsafe
225		-	environmental conditions when physical entry onto the property is
226		-	unsafe due to conditions such as an abandoned swimming pool,
227		-	illegal dumping of refuse, or a chemical leak or spill; and
228		-	(ii) in response to an inspection, or
229		-	attempted inspection, on commercial property or to a disaster, as
230		-	defined by Section 418.004; and
231		-	(B) the state agency or local health authority:
232		-	(i) provides notice to the owner or manager
233		-	of the property, as applicable, before the agency or authority
234		-	captures the image; or
235		-	(ii) determines that conditions on the
236		-	property are an imminent threat to public health;
237		-	(24) if the image is captured for the purpose of
238		-	disaster preparedness, including for the inspection, maintenance,
239		-	or repair of public infrastructure, by:
240		-	(A) a county with a population of 550,000 or more
241		-	that is adjacent to a county with a population of 3.3 million or
242		-	more; or
243		-	(B) a person who is under contract with or
244		-	otherwise acting under the direction or on behalf of a county
245		-	described by Paragraph (A); or
246		-	(25) if the image is captured by a governmental entity
247		-	or a person contracted by or under the direction of a governmental
248		-	entity, for the purpose of:
249		-	(A) the provision of 9-1-1 service; or
250		-	(B) a mapping project or service other than a
251		-	project or service for a law enforcement purpose.
252		-	SECTION 3. The heading to Section 423.0045, Government
253		-	Code, is amended to read as follows:
254		-	Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT
255		-	OVER CERTAIN FACILITIES [CORRECTIONAL FACILITY, DETENTION
256		-	FACILITY, OR CRITICAL INFRASTRUCTURE FACILITY].
257		-	SECTION 4. Sections 423.0045(b) and (d), Government Code,
258		-	are amended to read as follows:
	156	+	operations within the airspace from which the image is captured.
	157	+	(22) if the image is:
	158	+	(A) captured by a person operating the unmanned
	159	+	aircraft:
	160	+	(i) for a commercial purpose; and
	161	+	(ii) in compliance with Federal Aviation
	162	+	Administration regulations, authorizations or exemptions; and
	163	+	(B) reasonably related to the commercial
	164	+	purpose, including images captured for purposes of navigation or
	165	+	public safety
	166	+	(b) This chapter does not apply to the manufacture,
	167	+	assembly, distribution, or sale of an unmanned aircraft.
	168	+	SECTION 3. Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED
	169	+	AIRCRAFT TO CAPTURE IMAGE. OPERATION OF UNMANNED AIRCRAFT OVER
	170	+	CORRECTIONAL FACILITY, DETENTION FACILITY, OR CRITICAL
	171	+	INFRASTRUCTURE FACILITY OR SPORTS VENUE. (a) A person commits an
	172	+	offense if the person uses an unmanned aircraft to capture an image
	173	+	of an individual or privately owned real property in this state with
	174	+	the intent to conduct surveillance on the individual or property
	175	+	captured in the image.
	176	+	(b) An offense under this section is a Class C misdemeanor.
	177	+	(c) It is a defense to prosecution under this section that
	178	+	the person destroyed the image:
	179	+	(1) as soon as the person had knowledge that the image
	180	+	was captured in violation of this section; and
	181	+	(2) without disclosing, displaying, or distributing
	182	+	the image to a third party.
	183	+	(d) In this section, "intent" has the meaning assigned by
	184	+	Section 6.03 , Penal Code.
	185	+	Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912 ), Sec. 2,
	186	+	eff. September 1, 2013.
	187	+	(a) In this section:
	188	+	(1) "Critical infrastructure facility" means:
	189	+	(A) one of the following, if completely enclosed
	190	+	by a fence or other physical barrier that is obviously designed to
	191	+	exclude intruders, or if clearly marked with a sign or signs that
	192	+	are posted on the property, are reasonably likely to come to the
	193	+	attention of intruders, and indicate that entry is forbidden:
	194	+	(i) a petroleum or alumina refinery;
	195	+	(ii) an electrical power generating
	196	+	facility, substation, switching station, or electrical control
	197	+	center;
	198	+	(iii) a chemical, polymer, or rubber
	199	+	manufacturing facility;
	200	+	(iv) a water intake structure, water
	201	+	treatment facility, wastewater treatment plant, or pump station;
	202	+	(v) a natural gas compressor station;
	203	+	(vi) a liquid natural gas terminal or
	204	+	storage facility;
	205	+	(vii) a telecommunications central
	206	+	switching office or any structure used as part of a system to
	207	+	provide wired or wireless telecommunications services;
	208	+	(viii) a port, railroad switching yard,
	209	+	trucking terminal, or other freight transportation facility;
	210	+	(ix) a gas processing plant, including a
	211	+	plant used in the processing, treatment, or fractionation of
	212	+	natural gas;
	213	+	(x) a transmission facility used by a
	214	+	federally licensed radio or television station;
	215	+	(xi) a steelmaking facility that uses an
	216	+	electric arc furnace to make steel;
	217	+	(xii) a dam that is classified as a high
	218	+	hazard by the Texas Commission on Environmental Quality; or
	219	+	(xiii) a concentrated animal feeding
	220	+	operation, as defined by Section 26.048, Water Code; or
	221	+	(B) if enclosed by a fence or other physical
	222	+	barrier obviously designed to exclude intruders:
	223	+	(xiv) any portion of an aboveground oil,
	224	+	gas, or chemical pipeline;
	225	+	(xvii) an oil or gas drilling site;
	226	+	(xviii) a group of tanks used to store crude
	227	+	oil, such as a tank battery;
	228	+	(ixvii) an oil, gas, or chemical production
	229	+	facility;
	230	+	(xviii) an oil or gas wellhead; or
	231	+	(vixix) any oil and gas facility that has an
	232	+	active flare.
	233	+	(1) "Correctional facility" means:
	234	+	(A) a confinement facility operated by or under
	235	+	contract with any division of the Texas Department of Criminal
	236	+	Justice;
	237	+	(B) a municipal or county jail;
	238	+	(C) a confinement facility operated by or under
	239	+	contract with the Federal Bureau of Prisons; or
	240	+	(D) a secure correctional facility or secure
	241	+	detention facility, as defined by Section 51.02 , Family Code.
	242	+	(1 a) "Critical infrastructure facility" means:
	243	+	(A) one of the following, if completely enclosed
	244	+	by a fence or other physical barrier that is obviously designed to
	245	+	exclude intruders, or if clearly marked with a sign or signs that
	246	+	are posted on the property, are reasonably likely to come to the
	247	+	attention of intruders, and indicate that entry is forbidden:
	248	+	(ixx) a petroleum or alumina refinery;
	249	+	(i xx i) an electrical power generating
	250	+	facility, substation, switching station, or electrical control
	251	+	center;
	252	+	( xx iii) a chemical, polymer, or rubber
	253	+	manufacturing facility;
	254	+	( xxii iv) a water intake structure, water
	255	+	treatment facility, wastewater treatment plant, or pump station;
	256	+	(xxiv) a natural gas compressor station;
	257	+	( xx vi) a liquid natural gas terminal or
	258	+	storage facility;
	259	+	( xx vii) a telecommunications central
	260	+	switching office;
	261	+	( xx viii) a port, railroad switching yard,
	262	+	trucking terminal, or other freight transportation facility;
	263	+	( xxv i ii x) a gas processing plant, including
	264	+	a plant used in the processing, treatment, or fractionation of
	265	+	natural gas;
	266	+	(x xix ) a transmission facility used by a
	267	+	federally licensed radio or television station;
	268	+	(x xx i) a steelmaking facility that uses an
	269	+	electric arc furnace to make steel; or
	270	+	(x xx ii) a dam that is classified as a high
	271	+	hazard by the Texas Commission on Environmental Quality . ; or
	272	+	(B) any portion of an aboveground oil, gas, or
	273	+	chemical pipeline that is enclosed by a fence or other physical
	274	+	barrier that is obviously designed to exclude intruders.
	275	+	(2) "Dam" means any barrier, including any appurtenant
	276	+	structures, that is constructed for the purpose of permanently or
	277	+	temporarily impounding water.
	278	+	(3) "Detention facility" means a facility operated by
	279	+	or under contract with United States Immigration and Customs
	280	+	Enforcement for the purpose of detaining aliens and placing them in
	281	+	removal proceedings.
259	282		(b) A person commits an offense if the person intentionally
260	283		or knowingly:
261	284		(1) operates an unmanned aircraft over a correctional
262		-	facility, detention facility, ~~sports venue,~~ or critical
263		-	~~infrastructure facility~~ and the unmanned aircraft is not higher
264		-	~~than 400~~ feet above ground level;
	285	+	facility, detention facility, or critical infrastructure facility
	286	+	or sports venue and the unmanned aircraft is not higher than 400
	287	+	feet above ground level;
265	288		(2) allows an unmanned aircraft to make contact with a
266	289		correctional facility, detention facility, or critical
267	290		infrastructure facility, including any person or object on the
268	291		premises of or within the facility; or
269	292		(3) allows an unmanned aircraft to come within a
270	293		distance of a correctional facility, detention facility, or
271	294		critical infrastructure facility that is close enough to interfere
272	295		with the operations of or cause a disturbance to the facility.
273		-	(d) An offense under this section is a Class B misdemeanor,
274		-	except that the offense is a Class A misdemeanor if the actor has
275		-	previously been convicted under this section or under Section
276		-	423.0046 as that section existed on August 31, 2019.
277		-	SECTION 5. Section 423.0045(c), Government Code, as amended
278		-	by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of the 85th
279		-	Legislature, Regular Session, 2017, is reenacted and amended to
280		-	read as follows:
	296	+	(c) This section does not apply to conduct described by
	297	+	Subsection (b) that is committed by:
	298	+	(1) the federal government, the state, or a
	299	+	governmental entity;
	300	+	(2) a person under contract with or otherwise acting
	301	+	under the direction or on behalf of the federal government, the
	302	+	state, or a governmental entity;
	303	+	(3) a law enforcement agency;
	304	+	(4) a person under contract with or otherwise acting
	305	+	under the direction or on behalf of a law enforcement agency;
	306	+	(5) an owner or operator of the critical
	307	+	infrastructure facility or sports venue;
	308	+	(6) a person under contract with or otherwise acting
	309	+	under the direction or on behalf of an owner or operator of the
	310	+	critical infrastructure facility or sports venue;
	311	+	(7) a person who has the prior written consent of the
	312	+	owner or operator of the critical infrastructure facility or sports
	313	+	venue;
	314	+	(8) the owner or occupant of the property on which the
	315	+	critical infrastructure facility or sports venue is located or a
	316	+	person who has the prior written consent of the owner or occupant of
	317	+	that property; or
	318	+	(9) an operator of an unmanned aircraft that is being
	319	+	used for a commercial purpose, if the operation is conducted in
	320	+	compliance with:
	321	+	(A) each applicable Federal Aviation
	322	+	Administration rule, restriction, or exemption; and
	323	+	(B) all required Federal Aviation Administration
	324	+	authorizations.
281	325		(c) This section does not apply to:
282	326		(1) conduct described by Subsection (b) that involves
283		-	a correctional facility, detention facility, ~~sports venue, or~~
284		-	~~critical~~ infrastructure facility and is committed by:
	327	+	a correctional facility, detention facility, or critical
	328	+	infrastructure facility and is committed by:
285	329		(A) the federal government, the state, or a
286	330		governmental entity;
287	331		(B) a person under contract with or otherwise
288	332		acting under the direction or on behalf of the federal government,
289	333		the state, or a governmental entity;
290	334		(C) a law enforcement agency;
291	335		(D) a person under contract with or otherwise
292	336		acting under the direction or on behalf of a law enforcement agency;
293	337		or
294	338		(E) an operator of an unmanned aircraft that is
295	339		being used for a commercial purpose, if the operation is conducted
296	340		in compliance with:
297	341		(i) each applicable Federal Aviation
298	342		Administration rule, restriction, or exemption; and
299	343		(ii) all required Federal Aviation
300	344		Administration authorizations; or
301	345		(2) conduct described by Subsection (b) that involves
302		-	a sports venue or critical infrastructure facility and is committed
303		-	by:
304		-	(A) an owner or operator of the sports venue or
305		-	critical infrastructure facility;
	346	+	a critical infrastructure facility and is committed by:
	347	+	(A) an owner or operator of the critical
	348	+	infrastructure facility;
306	349		(B) a person under contract with or otherwise
307	350		acting under the direction or on behalf of an owner or operator of
308		-	the ~~sports venue or~~ critical infrastructure facility;
	351	+	the critical infrastructure facility;
309	352		(C) a person who has the prior written consent of
310		-	the owner or operator of the sports venue or critical
311		-	infrastructure facility; or
	353	+	the owner or operator of the critical infrastructure facility; or
312	354		(D) the owner or occupant of the property on
313		-	which the sports venue or critical infrastructure facility is
314		-	located or a person who has the prior written consent of the owner
315		-	or occupant of that property.
316		-	SECTION 6. Sections 423.0045(a), 423.0046, and 423.006,
317		-	Government Code, are repealed.
318		-	SECTION 7. (a) Except as otherwise provided by this Act,
319		-	Chapter 423, Government Code, as amended by this Act, applies only
320		-	to an offense committed on or after the effective date of this Act.
321		-	An offense committed before the effective date of this Act is
322		-	governed by the law in effect on the date the offense was committed,
323		-	and the former law is continued in effect for that purpose.
324		-	(b) The repeal of Section 423.0046, Government Code, does
325		-	not apply to an offense committed before the effective date of this
326		-	Act. An offense committed before the effective date of this Act is
327		-	governed by the law in effect on the date the offense was committed,
328		-	and the former law is continued in effect for that purpose.
329		-	(c) For purposes of this section, an offense was committed
330		-	before the effective date of this Act if any element of the offense
331		-	occurred before that date.
332		-	SECTION 8. The repeal of Section 423.006, Government Code,
333		-	does not apply to a cause of action that accrues before the
334		-	effective date of this Act. A cause of action that accrues before
335		-	the effective date of this Act is governed by the law applicable to
336		-	the cause of action immediately before that date, and that law is
337		-	continued in effect for that purpose.
338		-	SECTION 9. To the extent of any conflict, this Act prevails
	355	+	which the critical infrastructure facility is located or a person
	356	+	who has the prior written consent of the owner or occupant of that
	357	+	property.
	358	+	(d) An offense under this section is a Class B misdemeanor,
	359	+	except that the offense is a Class A misdemeanor if the actor has
	360	+	previously been convicted under this section. or Section 423.0046.
	361	+	Sec. 423.0046. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER
	362	+	SPORTS VENUE. (a) In this section, "sports venue" means an arena,
	363	+	automobile racetrack, coliseum, stadium, or other type of area or
	364	+	facility that:
	365	+	(1) has a seating capacity of 30,000 or more people;
	366	+	and
	367	+	(2) is primarily used for one or more professional or
	368	+	amateur sports or athletics events.
	369	+	(b) A person commits an offense if the person intentionally
	370	+	or knowingly operates an unmanned aircraft over a sports venue and
	371	+	the unmanned aircraft is not higher than 400 feet above ground
	372	+	level.
	373	+	(c) This section does not apply to conduct described by
	374	+	Subsection (b) that is committed by:
	375	+	(1) the federal government, the state, or a
	376	+	governmental entity;
	377	+	(2) a person under contract with or otherwise acting
	378	+	under the direction or on behalf of the federal government, the
	379	+	state, or a governmental entity;
	380	+	(3) a law enforcement agency;
	381	+	(4) a person under contract with or otherwise acting
	382	+	under the direction or on behalf of a law enforcement agency;
	383	+	(5) an operator of an unmanned aircraft that is being
	384	+	used for a commercial purpose, if the operation is conducted in
	385	+	compliance with:
	386	+	(A) each applicable Federal Aviation
	387	+	Administration rule, restriction, or exemption; and
	388	+	(B) all required Federal Aviation Administration
	389	+	authorizations;
	390	+	(6) an owner or operator of the sports venue;
	391	+	(7) a person under contract with or otherwise acting
	392	+	under the direction or on behalf of an owner or operator of the
	393	+	sports venue; or
	394	+	(8) a person who has the prior written consent of the
	395	+	owner or operator of the sports venue.
	396	+	(d) An offense under this section is a Class B misdemeanor,
	397	+	except that the offense is a Class A misdemeanor if the actor has
	398	+	previously been convicted under this section or Section 423.0045 .
	399	+	SECTION 4. Sec. 423.0045. ILLEGALLY OR INCIDENTALLY
	400	+	CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise
	401	+	provided by Subsection (b), an image captured in violation of
	402	+	Section 423.003, or an image captured by an unmanned aircraft that
	403	+	was incidental to the lawful capturing of an image:
	404	+	(1) may not be used as evidence in any criminal or
	405	+	juvenile proceeding, civil action, or administrative proceeding;
	406	+	(2) is not subject to disclosure, inspection, or
	407	+	copying under Chapter 552; and
	408	+	(3) is not subject to discovery, subpoena, or other
	409	+	means of legal compulsion for its release.
	410	+	(b) An image described by Subsection (a) may be disclosed
	411	+	and used as evidence to prove a violation of this chapter and is
	412	+	subject to discovery, subpoena, or other means of legal compulsion
	413	+	for that purpose.
	414	+	Sec. 423.006. CIVIL ACTION. (a) An owner or tenant of
	415	+	privately owned real property located in this state may bring
	416	+	against a person who, in violation of Section 423.003 , captured an
	417	+	image of the property or the owner or tenant while on the property
	418	+	an action to:
	419	+	(1) enjoin a violation or imminent violation of
	420	+	Section 423.003 or 423.004 ;
	421	+	(2) recover a civil penalty of:
	422	+	(A) $5,000 for all images captured in a single
	423	+	episode in violation of Section 423.003 ; or
	424	+	(B) $10,000 for disclosure, display,
	425	+	distribution, or other use of any images captured in a single
	426	+	episode in violation of Section 423.004 ; or
	427	+	(3) recover actual damages if the person who captured
	428	+	the image in violation of Section 423.003 discloses, displays, or
	429	+	distributes the image with malice.
	430	+	(b) For purposes of recovering the civil penalty or actual
	431	+	damages under Subsection (a), all owners of a parcel of real
	432	+	property are considered to be a single owner and all tenants of a
	433	+	parcel of real property are considered to be a single tenant.
	434	+	(c) In this section, "malice" has the meaning assigned by
	435	+	Section 41.001 , Civil Practice and Remedies Code.
	436	+	(d) In addition to any civil penalties authorized under this
	437	+	section, the court shall award court costs and reasonable
	438	+	attorney's fees to the prevailing party.
	439	+	(e) Venue for an action under this section is governed by
	440	+	Chapter 15 , Civil Practice and Remedies Code.
	441	+	(f) An action brought under this section must be commenced
	442	+	within two years from the date the image was:
	443	+	(1) captured in violation of Section 423.003; or
	444	+	(2) initially disclosed, displayed, distributed, or
	445	+	otherwise used in violation of Section 423.004 .
	446	+	SECTION 5. Sec. 423.0057. RULES FOR USE BY LAW ENFORCEMENT.
	447	+	The Department of Public Safety shall adopt rules and guidelines
	448	+	for use of an unmanned aircraft by a law enforcement authority in
	449	+	this state.
	450	+	SECTION 6. Sec. 423.0068. REPORTING BY LAW ENFORCEMENT
	451	+	AGENCY. (a) Not earlier than January 1 and not later than January
	452	+	15 of each odd-numbered year, each state law enforcement agency and
	453	+	each county or municipal law enforcement agency located in a county
	454	+	or municipality, as applicable, with a population greater than
	455	+	150,000, that used or operated an unmanned aircraft during the
	456	+	preceding 24 months shall issue a written report to the governor,
	457	+	the lieutenant governor, and each member of the legislature and
	458	+	shall:
	459	+	(1) retain the report for public viewing; and
	460	+	(2) post the report on the law enforcement agency's
	461	+	publicly accessible website, if one exists.
	462	+	(b) The report must include:
	463	+	(1) the number of times an unmanned aircraft was used,
	464	+	organized by date, time, location, and the types of incidents and
	465	+	types of justification for the use;
	466	+	(2) the number of criminal investigations aided by the
	467	+	use of an unmanned aircraft and a description of how the unmanned
	468	+	aircraft aided each investigation;
	469	+	(3) the number of times an unmanned aircraft was used
	470	+	for a law enforcement operation other than a criminal
	471	+	investigation, the dates and locations of those operations, and a
	472	+	description of how the unmanned aircraft aided each operation;
	473	+	(4) the type of information collected on an
	474	+	individual, residence, property, or area that was not the subject
	475	+	of a law enforcement operation and the frequency of the collection
	476	+	of this information; and
	477	+	(5) the total cost of acquiring, maintaining,
	478	+	repairing, and operating or otherwise using each unmanned aircraft
	479	+	for the preceding 24 months.
	480	+	SECTION 7. Sec. 423.0079. REGULATION OF UNMANNED AIRCRAFT
	481	+	BY POLITICAL SUBDIVISION. (a) In this section:
	482	+	(1) "Political subdivision" includes a county, a joint
	483	+	board created under Section 22.074, Transportation Code, and a
	484	+	municipality.
	485	+	(2) "Special event" means a festival, celebration, or
	486	+	other gathering that:
	487	+	(A) involves:
	488	+	(i) the reservation and temporary use of
	489	+	all or a portion of a public park, road, or other property of a
	490	+	political subdivision; and
	491	+	(ii) entertainment, the sale of
	492	+	merchandise, food, or beverages, or mass participation in a sports
	493	+	event; and
	494	+	(B) requires a significant use or coordination of
	495	+	a political subdivision's services.
	496	+	(b) Except as provided by Subsection (c), a political
	497	+	subdivision may not adopt or enforce any ordinance, order, or other
	498	+	similar measure regarding the operation of an unmanned aircraft.
	499	+	(c) A political subdivision may adopt and enforce an
	500	+	ordinance, order, or other similar measure regarding:
	501	+	(1) the use of an unmanned aircraft during a special
	502	+	event;
	503	+	(2) the political subdivision's use of an unmanned
	504	+	aircraft; or
	505	+	(3) the use of an unmanned aircraft near a facility or
	506	+	infrastructure owned by the political subdivision, if the political
	507	+	subdivision:
	508	+	(A) applies for and receives authorization from
	509	+	the Federal Aviation Administration to adopt the regulation; and
	510	+	(B) after providing reasonable notice, holds a
	511	+	public hearing on the political subdivision's intent to apply for
	512	+	the authorization.
	513	+	(d) An ordinance, order, or other similar measure that
	514	+	violates Subsection (b) is void and unenforceable.
	515	+	SECTION 8. To the extent of any conflict, this Act prevails
339	516		over another Act of the 86th Legislature, Regular Session, 2019,
340	517		relating to nonsubstantive additions to and corrections in enacted
341	518		codes.
342		-	SECTION 10. This Act takes effect September 1, 2019.
	519	+	SECTION 9. This Act takes effect September 1, 2019.