87R12 JCG-D
By: Powell S.B. No. 149
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of operation of an
unmanned aircraft over certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 423.0045(a)(1-a), Government Code, is
amended to read as follows:
(1-a) "Critical infrastructure facility" means:
(A) one of the following, if completely enclosed
by a fence or other physical barrier that is obviously designed to
exclude intruders, or if clearly marked with a sign or signs that
are posted on the property, are reasonably likely to come to the
attention of intruders, and indicate that entry is forbidden:
(i) a petroleum or alumina refinery;
(ii) an electrical power generating
facility, substation, switching station, or electrical control
center;
(iii) a chemical, polymer, or rubber
manufacturing facility;
(iv) a water intake structure, water
treatment facility, wastewater treatment plant, or pump station;
(v) a natural gas compressor station;
(vi) a liquid natural gas terminal or
storage facility;
(vii) a telecommunications central
switching office or any structure used as part of a system to
provide wired or wireless telecommunications services;
(viii) a port, railroad switching yard,
trucking terminal, or other freight transportation facility;
(ix) a gas processing plant, including a
plant used in the processing, treatment, or fractionation of
natural gas;
(x) a transmission facility used by a
federally licensed radio or television station;
(xi) a steelmaking facility that uses an
electric arc furnace to make steel;
(xii) a dam that is classified as a high
hazard by the Texas Commission on Environmental Quality; [or]
(xiii) a concentrated animal feeding
operation, as defined by Section 26.048, Water Code; or
(xiv) a military installation owned or
operated by or for the federal government, the state, or another
governmental entity; or
(B) if enclosed by a fence or other physical
barrier obviously designed to exclude intruders:
(i) any portion of an aboveground oil, gas,
or chemical pipeline;
(ii) an oil or gas drilling site;
(iii) a group of tanks used to store crude
oil, such as a tank battery;
(iv) an oil, gas, or chemical production
facility;
(v) an oil or gas wellhead; or
(vi) any oil and gas facility that has an
active flare.
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2021.