| 1 | 1 | | 86R10821 JCG-F |
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| 2 | 2 | | By: Whitmire S.B. No. 1701 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the operation of unmanned aircraft over certain |
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| 8 | 8 | | facilities; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 423, Government Code, is amended by |
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| 11 | 11 | | adding Section 423.0047 to read as follows: |
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| 12 | 12 | | Sec. 423.0047. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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| 13 | 13 | | OR NEAR SCHOOL. (a) In this section, "school" means any |
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| 14 | 14 | | instructional or noninstructional facility owned or operated by: |
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| 15 | 15 | | (1) a public or private elementary or secondary |
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| 16 | 16 | | school; or |
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| 17 | 17 | | (2) an institution of higher education or a private or |
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| 18 | 18 | | independent institution of higher education, as those terms are |
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| 19 | 19 | | defined by Section 61.003, Education Code. |
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| 20 | 20 | | (b) A person commits an offense if the person intentionally |
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| 21 | 21 | | or knowingly operates an unmanned aircraft over a school or within |
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| 22 | 22 | | 1,000 feet of the school. |
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| 23 | 23 | | (c) This section does not apply to conduct described by |
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| 24 | 24 | | Subsection (b) that is committed by: |
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| 25 | 25 | | (1) the federal government, the state, or a |
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| 26 | 26 | | governmental entity; |
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| 27 | 27 | | (2) a person under contract with or otherwise acting |
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| 28 | 28 | | under the direction or on behalf of the federal government, the |
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| 29 | 29 | | state, or a governmental entity; |
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| 30 | 30 | | (3) a law enforcement agency that provides to a school |
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| 31 | 31 | | prior notice of the agency's operation of an unmanned aircraft over |
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| 32 | 32 | | or near the school; |
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| 33 | 33 | | (4) a person under contract with or otherwise acting |
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| 34 | 34 | | under the direction or on behalf of a law enforcement agency that |
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| 35 | 35 | | provides prior notice as described by Subdivision (3); |
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| 36 | 36 | | (5) an operator of an unmanned aircraft that is being |
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| 37 | 37 | | used for a commercial purpose, if the operation is conducted in |
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| 38 | 38 | | compliance with: |
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| 39 | 39 | | (A) each applicable Federal Aviation |
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| 40 | 40 | | Administration rule, restriction, or exemption; and |
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| 41 | 41 | | (B) all required Federal Aviation Administration |
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| 42 | 42 | | authorizations; |
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| 43 | 43 | | (6) a person under contract with or otherwise acting |
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| 44 | 44 | | under the direction or on behalf of the governing body of the |
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| 45 | 45 | | school; or |
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| 46 | 46 | | (7) a person who has the prior written consent of the |
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| 47 | 47 | | person who is primarily responsible for the security of the school. |
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| 48 | 48 | | (d) An offense under this section is a Class B misdemeanor, |
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| 49 | 49 | | except that the offense is a Class A misdemeanor if the actor has |
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| 50 | 50 | | previously been convicted under this section or Section 423.0045 or |
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| 51 | 51 | | 423.0046. |
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| 52 | 52 | | SECTION 2. Section 423.0045(d), Government Code, is amended |
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| 53 | 53 | | to read as follows: |
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| 54 | 54 | | (d) An offense under this section is a Class B misdemeanor, |
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| 55 | 55 | | except that the offense is a Class A misdemeanor if the actor has |
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| 56 | 56 | | previously been convicted under this section or Section 423.0046 or |
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| 57 | 57 | | 423.0047. |
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| 58 | 58 | | SECTION 3. Section 423.0046(d), Government Code, is amended |
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| 59 | 59 | | to read as follows: |
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| 60 | 60 | | (d) An offense under this section is a Class B misdemeanor, |
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| 61 | 61 | | except that the offense is a Class A misdemeanor if the actor has |
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| 62 | 62 | | previously been convicted under this section or Section 423.0045 or |
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| 63 | 63 | | 423.0047. |
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| 64 | 64 | | SECTION 4. The change in law made by this Act applies only |
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| 65 | 65 | | to an offense committed on or after the effective date of this Act. |
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| 66 | 66 | | An offense committed before the effective date of this Act is |
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| 67 | 67 | | governed by the law in effect on the date the offense was committed, |
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| 68 | 68 | | and the former law is continued in effect for that purpose. For |
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| 69 | 69 | | purposes of this section, an offense was committed before the |
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| 70 | 70 | | effective date of this Act if any element of the offense occurred |
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| 71 | 71 | | before that date. |
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| 72 | 72 | | SECTION 5. This Act takes effect September 1, 2019. |
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