Texas 2021 - 87th Regular

Texas House Bill HB3403 Compare Versions

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

Old	New	Differences
1	1	87R2069 JRR-D
2	2	By: Cyrier H.B. No. 3403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of an unmanned aircraft that is outside
8	8	the direct line of sight of the operator of the aircraft; creating a
9	9	criminal offense; imposing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 3, Transportation Code, is amended by
12	12	adding Chapter 27 to read as follows:
13	13	CHAPTER 27. OPERATION OF UNMANNED AIRCRAFT OUTSIDE DIRECT LINE OF
14	14	SIGHT OF OPERATOR
15	15	Sec. 27.001. DEFINITIONS. In this chapter:
16	16	(1) "Avigation easement" means an airspace corridor
17	17	established by the department through which an unmanned aircraft
18	18	may operate.
19	19	(2) "Department" means the Texas Department of
20	20	Transportation.
21	21	(3) "Public safety unmanned aircraft" means an
22	22	unmanned aircraft that is being operated for a public safety
23	23	purpose, including responding to an emergency, by a governmental
24	24	entity or a person under contract with a governmental entity.
25	25	Sec. 27.002. APPLICABILITY. This chapter applies:
26	26	(1) only to an unmanned aircraft that is being
27	27	operated outside of the direct line of sight of the operator; and
28	28	(2) only to the extent permitted by federal law.
29	29	Sec. 27.003. RULES. The department may adopt rules as
30	30	necessary to administer this chapter.
31	31	Sec. 27.004. OPERATION OF UNMANNED AIRCRAFT IN AVIGATION
32	32	EASEMENT REQUIRED; EXCEPTIONS. (a) Except as provided by
33	33	Subsection (b), a person may not operate an unmanned aircraft that
34	34	is outside the direct line of sight of the person unless the
35	35	aircraft is being operated in an avigation easement.
36	36	(b) This section does not apply to:
37	37	(1) an unmanned aircraft that is being operated over:
38	38	(A) federal land; or
39	39	(B) property that is owned or leased by the
40	40	operator of the unmanned aircraft;
41	41	(2) a person who has the consent of the owner or lessee
42	42	of the property over which the unmanned aircraft is being operated;
43	43	or
44	44	(3) a public safety unmanned aircraft that is being
45	45	operated in response to an emergency, provided that the aircraft is
46	46	not being used primarily for the collection of evidence or data.
47	47	Sec. 27.005. ESTABLISHMENT OF AVIGATION EASEMENTS. (a)
48	48	The department shall establish a system authorizing and regulating
49	49	the operation of unmanned aircraft in avigation easements.
50	50	(b) The department shall establish avigation easements
51	51	over:
52	52	(1) highways and roads under the jurisdiction of the
53	53	department;
54	54	(2) state-owned land that is subject to a ground
55	55	easement;
56	56	(3) the navigable water in this state;
57	57	(4) land described by Subsection (d) following an
58	58	application submitted to the department by a political subdivision
59	59	under that subsection; and
60	60	(5) land described by Subsection (e) following an
61	61	application submitted to the department by a private landowner or
62	62	owner of a ground easement under that subsection.
63	63	(c) The department may establish avigation easements over
64	64	any state-owned land, including state parks and beaches, public
65	65	institutions of higher education, and other state-owned
66	66	facilities.
67	67	(d) A political subdivision may apply to the department in
68	68	the manner prescribed by the department for the establishment of an
69	69	avigation easement over:
70	70	(1) a highway or road under the jurisdiction of the
71	71	political subdivision; or
72	72	(2) land owned by the political subdivision, including
73	73	parks, beaches, and land that is subject to a ground easement.
74	74	(e) A private landowner or the owner of a ground easement,
75	75	other than the state or a political subdivision, may apply to the
76	76	department in the manner prescribed by the department for the
77	77	establishment of an avigation easement over the person's property
78	78	or ground easement.
79	79	(f) The sale or conveyance of property or a ground easement
80	80	subject to an avigation easement under this section does not affect
81	81	the validity of the avigation easement, provided that the new owner
82	82	of the property or ground easement may terminate the avigation
83	83	easement in accordance with Section 27.010.
84	84	Sec. 27.006. AVIGATION EASEMENT BOUNDARIES. An avigation
85	85	easement established under Section 27.005:
86	86	(1) must be the same width as the boundaries of the
87	87	property or ground easement subject to the avigation easement,
88	88	except that an avigation easement in a residential area that is
89	89	over:
90	90	(A) a highway or road may not include any
91	91	adjacent sidewalk or right-of-way; or
92	92	(B) a utility easement may not extend more than
93	93	five feet on either side of the centerline of the utility easement;
94	94	and
95	95	(2) may not be higher than 400 feet in height above
96	96	ground level.
97	97	Sec. 27.007. REQUIREMENTS FOR OPERATION IN AVIGATION
98	98	EASEMENTS. (a) The department by rule shall establish minimum
99	99	requirements for unmanned aircraft operating in avigation
100	100	easements.
101	101	(b) The minimum requirements must:
102	102	(1) require an unmanned aircraft to:
103	103	(A) be equipped with a transponder that allows
104	104	the department to monitor the operations of the aircraft;
105	105	(B) have the ability to:
106	106	(i) avoid obstructions and other unmanned
107	107	aircraft in the avigation easement; and
108	108	(ii) automatically obscure facial features
109	109	of individuals captured by incidental photos taken by the aircraft;
110	110	(C) have sufficient safety features to minimize
111	111	the danger to persons or property below an avigation easement
112	112	resulting from system malfunctions or failures; and
113	113	(D) operate at a height that is at least 50 feet
114	114	above any obstruction that is in the aircraft's path; and
115	115	(2) prohibit an unmanned aircraft from operating at a
116	116	height that is less than 50 feet above ground level except for
117	117	purposes of launching or landing the aircraft.
118	118	Sec. 27.008. ENTERING AND EXITING AVIGATION EASEMENT FOR
119	119	PURPOSES OF LAUNCHING OR LANDING UNMANNED AIRCRAFT. For purposes
120	120	of entering or exiting an avigation easement, a person may only
121	121	launch an unmanned aircraft from or land the aircraft on:
122	122	(1) property that is owned or leased by the operator of
123	123	the unmanned aircraft;
124	124	(2) property for which the person has obtained the
125	125	consent of the owner or lessee of the property to launch the
126	126	aircraft from or land the aircraft on; or
127	127	(3) property subject to an avigation easement, other
128	128	than an avigation easement established under Section 27.005(b)(5).
129	129	Sec. 27.009. USER FEES. (a) The department shall charge a
130	130	person operating an unmanned aircraft in an avigation easement,
131	131	other than a public safety unmanned aircraft, a fee for operating
132	132	the aircraft in the avigation easement.
133	133	(b) In setting the amount of fees under this section, the
134	134	department shall allow an operator of an unmanned aircraft to:
135	135	(1) pay a fee based on each minute the unmanned
136	136	aircraft is operated in an avigation easement; or
137	137	(2) purchase a plan that grants the operator unlimited
138	138	or limited access to operate in avigation easements for a flat fee.
139	139	(c) Fees collected under this section that are attributable
140	140	to an avigation easement established under Section 27.005(b)(1),
141	141	(2), or (3) or 27.005(c) shall be deposited to credit of the general
142	142	revenue fund and may be used only by the department for the
143	143	administration of this chapter.
144	144	(d) The department shall remit the portion of the fees
145	145	collected under this section that are attributable to an avigation
146	146	easement established under Section 27.005(b)(4) or (5) to the
147	147	political subdivision, private landowner, or owner of a ground
148	148	easement whose property or ground easement is subject to the
149	149	avigation easement.
150	150	(e) The department shall establish a method for determining
151	151	the portion of the fee described by Subsection (b)(2) that is
152	152	attributable to each avigation easement.
153	153	Sec. 27.010. TERMINATION OF AVIGATION EASEMENT. (a) The
154	154	department may not terminate an avigation easement established
155	155	under Section 27.005(b)(1), (2), or (3). The department on its own
156	156	initiative may terminate an avigation easement established under
157	157	Section 27.005(c).
158	158	(b) A person who owns property or a ground easement that is
159	159	subject to an avigation easement established under Section
160	160	27.005(b)(4) or (5) may terminate the avigation easement by
161	161	submitting to the department in the manner prescribed by the
162	162	department a request to terminate the avigation easement.
163	163	(c) Notwithstanding any other provision of this section,
164	164	the department may not terminate an avigation easement unless the
165	165	department has provided public notice of the termination at least
166	166	30 days before the date that the termination takes effect.
167	167	Sec. 27.011. GEOFENCING OF CERTAIN PRIVATE PROPERTY. A
168	168	person who owns private property that is not subject to an avigation
169	169	easement under Section 27.005 may geofence the property to prohibit
170	170	an unmanned aircraft from operating over the property, provided
171	171	that the geofencing may not prohibit a public safety unmanned
172	172	aircraft that is being operated in response to an emergency from
173	173	operating over the property.
174	174	Sec. 27.012. OFFENSE. (a) A person commits an offense if
175	175	the person operates an unmanned aircraft in violation of this
176	176	chapter or a rule adopted under this chapter.
177	177	(b) An offense under this section is a Class B misdemeanor,
178	178	except that the offense is a Class A misdemeanor if the actor has
179	179	previously been convicted under this section.
180	180	SECTION 2. This Act takes effect September 1, 2021.