87R10104 JCG-F
By: Thompson of Brazoria H.B. No. 3251
A BILL TO BE ENTITLED
AN ACT
relating to the use of unmanned aircraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 423.001, Government Code, is amended to
read as follows:
Sec. 423.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Capture" means the actual care, custody, control,
or management of any physical or electronic representation of an
image that is capable of being copied or destroyed.
(2) "Image [, "image]" means any capturing of sound
waves, thermal, infrared, ultraviolet, visible light, or other
electromagnetic waves, odor, or other conditions existing on or
about real property in this state or an individual located on that
property.
(3) "Surveillance" means the intentional and
continuous close observation of an individual or property.
SECTION 2. Section 423.002(a), Government Code, is amended
to read as follows:
(a) It is lawful to capture an image using an unmanned
aircraft in this state:
(1) for the purpose of professional or scholarly
research and development or for another academic purpose by a
person acting on behalf of 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, including a
person who:
(A) is a professor, employee, or student of the
institution; or
(B) is under contract with or otherwise acting
under the direction or on behalf of the institution;
(2) in airspace designated as a test site or range
authorized by the Federal Aviation Administration for the purpose
of integrating unmanned aircraft systems into the national
airspace;
(3) as part of an operation, exercise, or mission of
any branch of the United States military;
(4) if the image is captured by a satellite for the
purposes of mapping;
(5) if the image is captured by or for an electric or
natural gas utility or a telecommunications provider:
(A) for operations and maintenance of utility or
telecommunications facilities for the purpose of maintaining
utility or telecommunications system reliability and integrity;
(B) for inspecting utility or telecommunications
facilities to determine repair, maintenance, or replacement needs
during and after construction of such facilities;
(C) for assessing vegetation growth for the
purpose of maintaining clearances on utility or telecommunications
easements; and
(D) for utility or telecommunications facility
routing and siting for the purpose of providing utility or
telecommunications service;
(6) with the consent of the individual who owns or
lawfully occupies the real property captured in the image;
(7) pursuant to a valid search or arrest warrant;
(8) if the image is captured by a law enforcement
authority or a person who is under contract with or otherwise acting
under the direction or on behalf of a law enforcement authority:
(A) in immediate pursuit of a person law
enforcement officers have reasonable suspicion or probable cause to
suspect has committed an offense, [not] including misdemeanors or
offenses punishable by a fine only;
(B) for the purpose of documenting a crime scene
where an offense, [not] including misdemeanors or offenses
punishable by a fine only, has been committed;
(C) for the purpose of investigating the scene
of:
(i) a human fatality;
(ii) a motor vehicle accident causing death
or serious bodily injury to a person; or
(iii) any motor vehicle accident on a state
highway or federal interstate or highway;
(D) in connection with the search for a missing
person;
(E) for the purpose of conducting a high-risk
tactical operation that poses a threat to human life;
(F) of private property if [that is generally
open to the public where] the property owner consents to a search in
connection with a purpose described by Paragraph (A), (B), (C),
(D), or (E) [to law enforcement public safety responsibilities];
or
(G) of real property or a person on real property
that is within 25 miles of the United States border for the sole
purpose of ensuring border security;
(9) if the image is captured by state or local law
enforcement authorities, or a person who is under contract with or
otherwise acting under the direction or on behalf of state
authorities, for the purpose of:
(A) surveying the scene of a catastrophe or other
damage to determine whether a state of emergency should be
declared;
(B) preserving public safety, protecting
property, or surveying damage or contamination during a lawfully
declared state of emergency; or
(C) conducting routine air quality sampling and
monitoring, as provided by state or local law;
(10) at the scene of a spill, or a suspected spill, of
hazardous materials;
(11) for the purpose of fire suppression;
(12) for the purpose of rescuing a person whose life or
well-being is in imminent danger;
(13) if the image is captured by a Texas licensed real
estate broker in connection with the marketing, sale, or financing
of real property, provided that no individual is identifiable in
the image;
(14) [from a height no more than eight feet above
ground level in a public place, if the image was captured without
using any electronic, mechanical, or other means to amplify the
image beyond normal human perception;
[(15)] of public real property or a person on that
property;
(15) [(16)] if the image is captured by the owner or
operator of an oil, gas, water, or other pipeline for the purpose of
inspecting, maintaining, or repairing pipelines or other related
facilities, and is captured without the intent to conduct
surveillance on an individual or real property located in this
state;
(16) [(17)] in connection with oil pipeline safety and
rig protection;
(17) [(18)] in connection with port authority
surveillance and security;
(18) [(19)] if the image is captured by a registered
professional land surveyor in connection with the practice of
professional surveying, as those terms are defined by Section
1071.002, Occupations Code, provided that no individual is
identifiable in the image;
(19) [(20)] if the image is captured by a professional
engineer licensed under Subchapter G, Chapter 1001, Occupations
Code, in connection with the practice of engineering, as defined by
Section 1001.003, Occupations Code, provided that no individual is
identifiable in the image; or
(20) [(21)] if:
(A) the image is captured by an employee of an
insurance company or of an affiliate of the company in connection
with the underwriting of an insurance policy, or the rating or
adjusting of an insurance claim, regarding real property or a
structure on real property; and
(B) the operator of the unmanned aircraft is
authorized by the Federal Aviation Administration to conduct
operations within the airspace from which the image is captured.
SECTION 3. Section 423.008, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) This section applies to each:
(1) state law enforcement agency;
(2) county law enforcement agency located in a county
with a population greater than 150,000; and
(3) municipal law enforcement agency located in a
municipality with a population greater than 150,000.
(a-1) Not earlier than January 1 and not later than January
15 of each odd-numbered year, each [state] law enforcement agency
[and each county or municipal law enforcement agency located in a
county or municipality, as applicable, with a population greater
than 150,000,] that used or operated an unmanned aircraft during
the preceding 24 months shall:
(1) issue a written report to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the Legislative Reference Library in a form and manner
prescribed by the recipient; [each member of the legislature and
shall:]
(2) [(1)] retain the report for public viewing; and
(3) [(2)] post the report on the law enforcement
agency's publicly accessible website, if one exists.
SECTION 4. The changes in law made by this Act apply 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, 2021.