Texas 2019 - 86th Regular

Texas Senate Bill SB2299 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Powell, et al. S.B. No. 2299
2		-	(Geren)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the prosecution of the offense of operation of an
8	7		unmanned aircraft over certain facilities.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 423.0045(a)(1), Government Code, as
11	10		amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
12	11		the 85th Legislature, Regular Session, 2017, is reenacted to read
13	12		as follows:
14	13		(1) "Correctional facility" means:
15	14		(A) a confinement facility operated by or under
16	15		contract with any division of the Texas Department of Criminal
17	16		Justice;
18	17		(B) a municipal or county jail;
19	18		(C) a confinement facility operated by or under
20	19		contract with the Federal Bureau of Prisons; or
21	20		(D) a secure correctional facility or secure
22	21		detention facility, as defined by Section 51.02, Family Code.
23	22		SECTION 2. Section 423.0045(a)(1-a), Government Code, is
24	23		reenacted to conform to the changes made to Section 423.0045(a)(1),
25	24		Government Code, by Chapter 824 (H.B. 1643), Acts of the 85th
26	25		Legislature, Regular Session, 2017, and is further amended to read
27	26		as follows:
28	27		(1-a) "Critical infrastructure facility" means:
29	28		(A) one of the following, if completely enclosed
30	29		by a fence or other physical barrier that is obviously designed to
31	30		exclude intruders, or if clearly marked with a sign or signs that
32	31		are posted on the property, are reasonably likely to come to the
33	32		attention of intruders, and indicate that entry is forbidden:
34	33		(i) a petroleum or alumina refinery;
35	34		(ii) an electrical power generating
36	35		facility, substation, switching station, or electrical control
37	36		center;
38	37		(iii) a chemical, polymer, or rubber
39	38		manufacturing facility;
40	39		(iv) a water intake structure, water
41	40		treatment facility, wastewater treatment plant, or pump station;
42	41		(v) a natural gas compressor station;
43	42		(vi) a liquid natural gas terminal or
44	43		storage facility;
45	44		(vii) a telecommunications central
46	45		switching office or any structure used as part of a system to
47	46		provide wired or wireless telecommunications services;
48	47		(viii) a port, railroad switching yard,
49	48		trucking terminal, or other freight transportation facility;
50	49		(ix) a gas processing plant, including a
51	50		plant used in the processing, treatment, or fractionation of
52	51		natural gas;
53	52		(x) a transmission facility used by a
54	53		federally licensed radio or television station;
55	54		(xi) a steelmaking facility that uses an
56	55		electric arc furnace to make steel;
57	56		(xii) a dam that is classified as a high
58	57		hazard by the Texas Commission on Environmental Quality; [or]
59	58		(xiii) a concentrated animal feeding
60	59		operation, as defined by Section 26.048, Water Code; or
61	60		(xiv) a military installation owned or
62	61		operated by or for the federal government, the state, or another
63	62		governmental entity; or
64	63		(B) if enclosed by a fence or other physical
65	64		barrier obviously designed to exclude intruders:
66	65		(i) any portion of an aboveground oil, gas,
67	66		or chemical pipeline;
68	67		(ii) an oil or gas drilling site;
69	68		(iii) a group of tanks used to store crude
70	69		oil, such as a tank battery;
71	70		(iv) an oil, gas, or chemical production
72	71		facility;
73	72		(v) an oil or gas wellhead; or
74	73		(vi) any oil and gas facility that has an
75	74		active flare.
76	75		SECTION 3. Section 423.0045(c), Government Code, as amended
77	76		by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of the 85th
78	77		Legislature, Regular Session, 2017, is reenacted to read as
79	78		follows:
80	79		(c) This section does not apply to:
81	80		(1) conduct described by Subsection (b) that involves
82	81		a correctional facility, detention facility, or critical
83	82		infrastructure facility and is committed by:
84	83		(A) the federal government, the state, or a
85	84		governmental entity;
86	85		(B) a person under contract with or otherwise
87	86		acting under the direction or on behalf of the federal government,
88	87		the state, or a governmental entity;
89	88		(C) a law enforcement agency;
90	89		(D) a person under contract with or otherwise
91	90		acting under the direction or on behalf of a law enforcement agency;
92	91		or
93	92		(E) an operator of an unmanned aircraft that is
94	93		being used for a commercial purpose, if the operation is conducted
95	94		in compliance with:
96	95		(i) each applicable Federal Aviation
97	96		Administration rule, restriction, or exemption; and
98	97		(ii) all required Federal Aviation
99	98		Administration authorizations; or
100	99		(2) conduct described by Subsection (b) that involves
101	100		a critical infrastructure facility and is committed by:
102	101		(A) an owner or operator of the critical
103	102		infrastructure facility;
104	103		(B) a person under contract with or otherwise
105	104		acting under the direction or on behalf of an owner or operator of
106	105		the critical infrastructure facility;
107	106		(C) a person who has the prior written consent of
108	107		the owner or operator of the critical infrastructure facility; or
109	108		(D) the owner or occupant of the property on
110	109		which the critical infrastructure facility is located or a person
111	110		who has the prior written consent of the owner or occupant of that
112	111		property.
113	112		SECTION 4. The change in law made by this Act applies only
114	113		to an offense committed on or after the effective date of this Act.
115	114		An offense committed before the effective date of this Act is
116	115		governed by the law in effect on the date the offense was committed,
117	116		and the former law is continued in effect for that purpose. For
118	117		purposes of this section, an offense was committed before the
119	118		effective date of this Act if any element of the offense occurred
120	119		before that date.
121	120		SECTION 5. To the extent of any conflict, this Act prevails
122	121		over another Act of the 86th Legislature, Regular Session, 2019,
123	122		relating to nonsubstantive additions to and corrections in enacted
124	123		codes.
125	124		SECTION 6. This Act takes effect September 1, 2019.