Texas 2021 - 87th Regular

Texas House Bill HB3251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10104 JCG-F
2	2	By: Thompson of Brazoria H.B. No. 3251
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of unmanned aircraft.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 423.001, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 423.001. DEFINITIONS [DEFINITION]. In this chapter:
12	12	(1) "Capture" means the actual care, custody, control,
13	13	or management of any physical or electronic representation of an
14	14	image that is capable of being copied or destroyed.
15	15	(2) "Image [, "image]" means any capturing of sound
16	16	waves, thermal, infrared, ultraviolet, visible light, or other
17	17	electromagnetic waves, odor, or other conditions existing on or
18	18	about real property in this state or an individual located on that
19	19	property.
20	20	(3) "Surveillance" means the intentional and
21	21	continuous close observation of an individual or property.
22	22	SECTION 2. Section 423.002(a), Government Code, is amended
23	23	to read as follows:
24	24	(a) It is lawful to capture an image using an unmanned
25	25	aircraft in this state:
26	26	(1) for the purpose of professional or scholarly
27	27	research and development or for another academic purpose by a
28	28	person acting on behalf of an institution of higher education or a
29	29	private or independent institution of higher education, as those
30	30	terms are defined by Section 61.003, Education Code, including a
31	31	person who:
32	32	(A) is a professor, employee, or student of the
33	33	institution; or
34	34	(B) is under contract with or otherwise acting
35	35	under the direction or on behalf of the institution;
36	36	(2) in airspace designated as a test site or range
37	37	authorized by the Federal Aviation Administration for the purpose
38	38	of integrating unmanned aircraft systems into the national
39	39	airspace;
40	40	(3) as part of an operation, exercise, or mission of
41	41	any branch of the United States military;
42	42	(4) if the image is captured by a satellite for the
43	43	purposes of mapping;
44	44	(5) if the image is captured by or for an electric or
45	45	natural gas utility or a telecommunications provider:
46	46	(A) for operations and maintenance of utility or
47	47	telecommunications facilities for the purpose of maintaining
48	48	utility or telecommunications system reliability and integrity;
49	49	(B) for inspecting utility or telecommunications
50	50	facilities to determine repair, maintenance, or replacement needs
51	51	during and after construction of such facilities;
52	52	(C) for assessing vegetation growth for the
53	53	purpose of maintaining clearances on utility or telecommunications
54	54	easements; and
55	55	(D) for utility or telecommunications facility
56	56	routing and siting for the purpose of providing utility or
57	57	telecommunications service;
58	58	(6) with the consent of the individual who owns or
59	59	lawfully occupies the real property captured in the image;
60	60	(7) pursuant to a valid search or arrest warrant;
61	61	(8) if the image is captured by a law enforcement
62	62	authority or a person who is under contract with or otherwise acting
63	63	under the direction or on behalf of a law enforcement authority:
64	64	(A) in immediate pursuit of a person law
65	65	enforcement officers have reasonable suspicion or probable cause to
66	66	suspect has committed an offense, [not] including misdemeanors or
67	67	offenses punishable by a fine only;
68	68	(B) for the purpose of documenting a crime scene
69	69	where an offense, [not] including misdemeanors or offenses
70	70	punishable by a fine only, has been committed;
71	71	(C) for the purpose of investigating the scene
72	72	of:
73	73	(i) a human fatality;
74	74	(ii) a motor vehicle accident causing death
75	75	or serious bodily injury to a person; or
76	76	(iii) any motor vehicle accident on a state
77	77	highway or federal interstate or highway;
78	78	(D) in connection with the search for a missing
79	79	person;
80	80	(E) for the purpose of conducting a high-risk
81	81	tactical operation that poses a threat to human life;
82	82	(F) of private property if [that is generally
83	83	open to the public where] the property owner consents to a search in
84	84	connection with a purpose described by Paragraph (A), (B), (C),
85	85	(D), or (E) [to law enforcement public safety responsibilities];
86	86	or
87	87	(G) of real property or a person on real property
88	88	that is within 25 miles of the United States border for the sole
89	89	purpose of ensuring border security;
90	90	(9) if the image is captured by state or local law
91	91	enforcement authorities, or a person who is under contract with or
92	92	otherwise acting under the direction or on behalf of state
93	93	authorities, for the purpose of:
94	94	(A) surveying the scene of a catastrophe or other
95	95	damage to determine whether a state of emergency should be
96	96	declared;
97	97	(B) preserving public safety, protecting
98	98	property, or surveying damage or contamination during a lawfully
99	99	declared state of emergency; or
100	100	(C) conducting routine air quality sampling and
101	101	monitoring, as provided by state or local law;
102	102	(10) at the scene of a spill, or a suspected spill, of
103	103	hazardous materials;
104	104	(11) for the purpose of fire suppression;
105	105	(12) for the purpose of rescuing a person whose life or
106	106	well-being is in imminent danger;
107	107	(13) if the image is captured by a Texas licensed real
108	108	estate broker in connection with the marketing, sale, or financing
109	109	of real property, provided that no individual is identifiable in
110	110	the image;
111	111	(14) [from a height no more than eight feet above
112	112	ground level in a public place, if the image was captured without
113	113	using any electronic, mechanical, or other means to amplify the
114	114	image beyond normal human perception;
115	115	[(15)] of public real property or a person on that
116	116	property;
117	117	(15) [(16)] if the image is captured by the owner or
118	118	operator of an oil, gas, water, or other pipeline for the purpose of
119	119	inspecting, maintaining, or repairing pipelines or other related
120	120	facilities, and is captured without the intent to conduct
121	121	surveillance on an individual or real property located in this
122	122	state;
123	123	(16) [(17)] in connection with oil pipeline safety and
124	124	rig protection;
125	125	(17) [(18)] in connection with port authority
126	126	surveillance and security;
127	127	(18) [(19)] if the image is captured by a registered
128	128	professional land surveyor in connection with the practice of
129	129	professional surveying, as those terms are defined by Section
130	130	1071.002, Occupations Code, provided that no individual is
131	131	identifiable in the image;
132	132	(19) [(20)] if the image is captured by a professional
133	133	engineer licensed under Subchapter G, Chapter 1001, Occupations
134	134	Code, in connection with the practice of engineering, as defined by
135	135	Section 1001.003, Occupations Code, provided that no individual is
136	136	identifiable in the image; or
137	137	(20) [(21)] if:
138	138	(A) the image is captured by an employee of an
139	139	insurance company or of an affiliate of the company in connection
140	140	with the underwriting of an insurance policy, or the rating or
141	141	adjusting of an insurance claim, regarding real property or a
142	142	structure on real property; and
143	143	(B) the operator of the unmanned aircraft is
144	144	authorized by the Federal Aviation Administration to conduct
145	145	operations within the airspace from which the image is captured.
146	146	SECTION 3. Section 423.008, Government Code, is amended by
147	147	amending Subsection (a) and adding Subsection (a-1) to read as
148	148	follows:
149	149	(a) This section applies to each:
150	150	(1) state law enforcement agency;
151	151	(2) county law enforcement agency located in a county
152	152	with a population greater than 150,000; and
153	153	(3) municipal law enforcement agency located in a
154	154	municipality with a population greater than 150,000.
155	155	(a-1) Not earlier than January 1 and not later than January
156	156	15 of each odd-numbered year, each [state] law enforcement agency
157	157	[and each county or municipal law enforcement agency located in a
158	158	county or municipality, as applicable, with a population greater
159	159	than 150,000,] that used or operated an unmanned aircraft during
160	160	the preceding 24 months shall:
161	161	(1) issue a written report to the governor, the
162	162	lieutenant governor, the speaker of the house of representatives,
163	163	and the Legislative Reference Library in a form and manner
164	164	prescribed by the recipient; [each member of the legislature and
165	165	shall:]
166	166	(2) [(1)] retain the report for public viewing; and
167	167	(3) [(2)] post the report on the law enforcement
168	168	agency's publicly accessible website, if one exists.
169	169	SECTION 4. The changes in law made by this Act apply only to
170	170	an offense committed on or after the effective date of this Act. An
171	171	offense committed before the effective date of this Act is governed
172	172	by the law in effect on the date the offense was committed, and the
173	173	former law is continued in effect for that purpose. For purposes of
174	174	this section, an offense was committed before the effective date of
175	175	this Act if any element of the offense occurred before that date.
176	176	SECTION 5. This Act takes effect September 1, 2021.