86R10821 JCG-F
By: Whitmire S.B. No. 1701
A BILL TO BE ENTITLED
AN ACT
relating to the operation of unmanned aircraft over certain
facilities; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 423, Government Code, is amended by
adding Section 423.0047 to read as follows:
Sec. 423.0047. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER
OR NEAR SCHOOL. (a) In this section, "school" means any
instructional or noninstructional facility owned or operated by:
(1) a public or private elementary or secondary
school; or
(2) 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.
(b) A person commits an offense if the person intentionally
or knowingly operates an unmanned aircraft over a school or within
1,000 feet of the school.
(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 that provides to a school
prior notice of the agency's operation of an unmanned aircraft over
or near the school;
(4) a person under contract with or otherwise acting
under the direction or on behalf of a law enforcement agency that
provides prior notice as described by Subdivision (3);
(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) a person under contract with or otherwise acting
under the direction or on behalf of the governing body of the
school; or
(7) a person who has the prior written consent of the
person who is primarily responsible for the security of the school.
(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 or
423.0046.
SECTION 2. Section 423.0045(d), Government Code, is amended
to read as follows:
(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 or
423.0047.
SECTION 3. Section 423.0046(d), Government Code, is amended
to read as follows:
(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 or
423.0047.
SECTION 4. The change in law made 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 5. This Act takes effect September 1, 2019.