| 1 | 1 | | 86R13544 JCG-F |
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| 2 | 2 | | By: Birdwell S.B. No. 1996 |
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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 investigating and prosecuting the criminal offense of |
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| 8 | 8 | | operating an unmanned aircraft over or near certain facilities. |
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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. Section 423.0045, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsection (e) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) A person commits an offense if the person with criminal |
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| 14 | 14 | | negligence [intentionally or knowingly]: |
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| 15 | 15 | | (1) operates an unmanned aircraft over a correctional |
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| 16 | 16 | | facility, detention facility, or critical infrastructure facility |
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| 17 | 17 | | and the unmanned aircraft is not higher than 400 feet above ground |
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| 18 | 18 | | level; |
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| 19 | 19 | | (2) allows an unmanned aircraft to make contact with a |
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| 20 | 20 | | correctional facility, detention facility, or critical |
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| 21 | 21 | | infrastructure facility, including any person or object on the |
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| 22 | 22 | | premises of or within the facility; or |
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| 23 | 23 | | (3) allows an unmanned aircraft to come within a |
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| 24 | 24 | | distance of a correctional facility, detention facility, or |
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| 25 | 25 | | critical infrastructure facility that is close enough to interfere |
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| 26 | 26 | | with the operations of or cause a disturbance to the facility. |
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| 27 | 27 | | (e) A peace officer who investigates an offense under this |
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| 28 | 28 | | section shall notify the Department of Public Safety of the |
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| 29 | 29 | | investigation. The department may require further information from |
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| 30 | 30 | | the officer as the department determines necessary. |
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| 31 | 31 | | SECTION 2. Section 423.0045, Government Code, as amended by |
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| 32 | 32 | | this Act, applies only to an offense committed on or after the |
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| 33 | 33 | | effective date of this Act. An offense committed before the |
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| 34 | 34 | | effective date of this Act is governed by the law in effect on the |
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| 35 | 35 | | date the offense was committed, and the former law is continued in |
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| 36 | 36 | | effect for that purpose. For purposes of this section, an offense |
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| 37 | 37 | | was committed before the effective date of this Act if any element |
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| 38 | 38 | | of the offense occurred before that date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2019. |
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