Texas 2019 - 86th Regular

Texas Senate Bill SB59 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R33895 JCG-F
2	1		By: Zaffirini S.B. No. 59
3		-	(Zerwas)
4		-	Substitute the following for S.B. No. 59: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to certain images captured by an unmanned aircraft.
10	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	8		SECTION 1. Section 423.002(a), Government Code, is amended
12	9		to read as follows:
13	10		(a) It is lawful to capture an image using an unmanned
14	11		aircraft in this state:
15	12		(1) for the purpose of professional or scholarly
16	13		research and development or for another academic purpose by a
17	14		person acting on behalf of an institution of higher education or a
18	15		private or independent institution of higher education, as those
19	16		terms are defined by Section 61.003, Education Code, including a
20	17		person who:
21	18		(A) is a professor, employee, or student of the
22	19		institution; or
23	20		(B) is under contract with or otherwise acting
24	21		under the direction or on behalf of the institution;
25	22		(2) in airspace designated as a test site or range
26	23		authorized by the Federal Aviation Administration for the purpose
27	24		of integrating unmanned aircraft systems into the national
28	25		airspace;
29	26		(3) as part of an operation, exercise, or mission of
30	27		any branch of the United States military;
31	28		(4) if the image is captured by a satellite for the
32	29		purposes of mapping;
33	30		(5) if the image is captured by or for an electric or
34	31		natural gas utility or a telecommunications provider:
35	32		(A) for operations and maintenance of utility or
36	33		telecommunications facilities for the purpose of maintaining
37	34		utility or telecommunications system reliability and integrity;
38	35		(B) for inspecting utility or telecommunications
39	36		facilities to determine repair, maintenance, or replacement needs
40	37		during and after construction of such facilities;
41	38		(C) for assessing vegetation growth for the
42	39		purpose of maintaining clearances on utility or telecommunications
43	40		easements; and
44	41		(D) for utility or telecommunications facility
45	42		routing and siting for the purpose of providing utility or
46	43		telecommunications service;
47	44		(6) with the consent of the individual who owns or
48	45		lawfully occupies the real property captured in the image;
49	46		(7) pursuant to a valid search or arrest warrant;
50	47		(8) if the image is captured by a law enforcement
51	48		authority or a person who is under contract with or otherwise acting
52	49		under the direction or on behalf of a law enforcement authority:
53	50		(A) in immediate pursuit of a person law
54	51		enforcement officers have reasonable suspicion or probable cause to
55	52		suspect has committed an offense, not including misdemeanors or
56	53		offenses punishable by a fine only;
57	54		(B) for the purpose of documenting a crime scene
58	55		where an offense, not including misdemeanors or offenses punishable
59	56		by a fine only, has been committed;
60	57		(C) for the purpose of investigating the scene
61	58		of:
62	59		(i) a human fatality;
63	60		(ii) a motor vehicle accident causing death
64	61		or serious bodily injury to a person; or
65	62		(iii) any motor vehicle accident on a state
66	63		highway or federal interstate or highway;
67	64		(D) in connection with the search for a missing
68	65		person;
69	66		(E) for the purpose of conducting a high-risk
70	67		tactical operation that poses a threat to human life;
71	68		(F) of private property that is generally open to
72	69		the public where the property owner consents to law enforcement
73	70		public safety responsibilities; or
74	71		(G) of real property or a person on real property
75	72		that is within 25 miles of the United States border for the sole
76	73		purpose of ensuring border security;
77	74		(9) if the image is captured by state or local law
78	75		enforcement authorities, or a person who is under contract with or
79	76		otherwise acting under the direction or on behalf of state
80	77		authorities, for the purpose of:
81	78		(A) surveying the scene of a catastrophe or other
82	79		damage to determine whether a state of emergency should be
83	80		declared;
84	81		(B) preserving public safety, protecting
85	82		property, or surveying damage or contamination during a lawfully
86	83		declared state of emergency; or
87	84		(C) conducting routine air quality sampling and
88	85		monitoring, as provided by state or local law;
89	86		(10) at the scene of a spill, or a suspected spill, of
90	87		hazardous materials;
91	88		(11) for the purpose of fire suppression;
92	89		(12) for the purpose of rescuing a person whose life or
93	90		well-being is in imminent danger;
94	91		(13) if the image is captured by a Texas licensed real
95	92		estate broker in connection with the marketing, sale, or financing
96	93		of real property, provided that no individual is identifiable in
97	94		the image;
98		-	(14) from a height no more than eight feet above
99		-	~~ground~~ level in a public place, if the image was captured without
100		-	~~using any~~ electronic, mechanical, or other means to amplify the
101		-	~~image beyond~~ normal human perception;
	95	+	(14) from a height no more than eight feet above ground
	96	+	level in a public place, if the image was captured without using any
	97	+	electronic, mechanical, or other means to amplify the image beyond
	98	+	normal human perception;
102	99		(15) of public real property or a person on that
103	100		property;
104	101		(16) if the image is captured by the owner or operator
105	102		of an oil, gas, water, or other pipeline for the purpose of
106	103		inspecting, maintaining, or repairing pipelines or other related
107	104		facilities, and is captured without the intent to conduct
108	105		surveillance on an individual or real property located in this
109	106		state;
110	107		(17) in connection with oil pipeline safety and rig
111	108		protection;
112	109		(18) in connection with port authority surveillance
113	110		and security;
114	111		(19) if the image is captured by a registered
115	112		professional land surveyor in connection with the practice of
116	113		professional surveying, as those terms are defined by Section
117	114		1071.002, Occupations Code, provided that no individual is
118	115		identifiable in the image;
119	116		(20) if the image is captured by a professional
120	117		engineer licensed under Subchapter G, Chapter 1001, Occupations
121	118		Code, in connection with the practice of engineering, as defined by
122	119		Section 1001.003, Occupations Code, provided that no individual is
123	120		identifiable in the image; [or]
124	121		(21) if:
125	122		(A) the image is captured by an employee of an
126	123		insurance company or of an affiliate of the company in connection
127	124		with the underwriting of an insurance policy, or the rating or
128	125		adjusting of an insurance claim, regarding real property or a
129	126		structure on real property; and
130	127		(B) the operator of the unmanned aircraft is
131	128		authorized by the Federal Aviation Administration to conduct
132		-	operations within the airspace from which the image is captured;
133		-	(22) if:
134		-	(A) the image is captured by a state agency or
135		-	local health authority:
136		-	(i) for the purpose of assessing unsafe
137		-	environmental conditions when physical entry onto the property is
138		-	unsafe due to conditions such as an abandoned swimming pool,
139		-	illegal dumping of refuse, or a chemical leak or spill; and
140		-	(ii) in response to an inspection, or
141		-	attempted inspection, on commercial property or to a disaster, as
142		-	defined by Section 418.004; and
143		-	(B) the state agency or local health authority:
144		-	(i) provides notice to the owner or manager
145		-	of the property, as applicable, before the agency or authority
146		-	captures the image; or
147		-	(ii) determines that conditions on the
148		-	property are an imminent threat to public health;
149		-	(23) if the image is captured for the purpose of
150		-	disaster preparedness, including for the inspection, maintenance,
151		-	or repair of public infrastructure, by a county or a person who is
152		-	under contract with or otherwise acting under the direction or on
153		-	behalf of a county; or
154		-	(24) if the image is captured by a governmental entity
155		-	or a person contracted by or under the direction of a governmental
156		-	entity, for the purpose of:
157		-	(A) the provision of 9-1-1 service; or
158		-	(B) a mapping project or service other than a
159		-	project or service for a law enforcement purpose.
	129	+	operations within the airspace from which the image is captured; or
	130	+	(22) if the image:
	131	+	(A) is captured while delivering consumer goods
	132	+	at the point of delivery for the purpose of confirming delivery of
	133	+	those goods, including consumer goods ordered through an Internet
	134	+	website or mobile application, and the operator of the unmanned
	135	+	aircraft is authorized by the Federal Aviation Administration to
	136	+	conduct operations within the airspace from which the image is
	137	+	captured;
	138	+	(B) is not publicly disclosed, displayed, or
	139	+	distributed or used for any purpose other than confirming delivery
	140	+	of a consumer good, and no individual is identifiable in the image;
	141	+	and
	142	+	(C) is destroyed not later than the 90th day
	143	+	after the date the consumer goods are delivered, including any copy
	144	+	or duplicate of the image.
160	145		SECTION 2. This Act takes effect September 1, 2019.