| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the prosecution of the offense of operation of an |
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| 6 | 8 | | unmanned aircraft over certain facilities. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 423.0045(a)(1-a), Government Code, is |
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| 9 | 11 | | amended to read as follows: |
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| 10 | 12 | | (1-a) "Critical infrastructure facility" means: |
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| 11 | 13 | | (A) one of the following, if completely enclosed |
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| 12 | 14 | | by a fence or other physical barrier that is obviously designed to |
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| 13 | 15 | | exclude intruders, or if clearly marked with a sign or signs that |
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| 14 | 16 | | are posted on the property, are reasonably likely to come to the |
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| 15 | 17 | | attention of intruders, and indicate that entry is forbidden: |
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| 16 | 18 | | (i) a petroleum or alumina refinery; |
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| 17 | 19 | | (ii) an electrical power generating |
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| 18 | 20 | | facility, substation, switching station, or electrical control |
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| 19 | 21 | | center; |
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| 20 | 22 | | (iii) a chemical, polymer, or rubber |
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| 21 | 23 | | manufacturing facility; |
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| 22 | 24 | | (iv) a water intake structure, water |
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| 23 | 25 | | treatment facility, wastewater treatment plant, or pump station; |
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| 24 | 26 | | (v) a natural gas compressor station; |
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| 25 | 27 | | (vi) a liquid natural gas terminal or |
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| 26 | 28 | | storage facility; |
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| 27 | 29 | | (vii) a telecommunications central |
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| 28 | 30 | | switching office or any structure used as part of a system to |
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| 29 | 31 | | provide wired or wireless telecommunications services; |
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| 30 | 32 | | (viii) a port, a public or private airport |
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| 31 | 33 | | depicted in any current aeronautical chart published by the Federal |
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| 32 | 34 | | Aviation Administration, a railroad switching yard, a trucking |
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| 33 | 35 | | terminal, or any other freight transportation facility; |
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| 34 | 36 | | (ix) a gas processing plant, including a |
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| 35 | 37 | | plant used in the processing, treatment, or fractionation of |
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| 36 | 38 | | natural gas; |
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| 37 | 39 | | (x) a transmission facility used by a |
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| 38 | 40 | | federally licensed radio or television station; |
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| 39 | 41 | | (xi) a steelmaking facility that uses an |
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| 40 | 42 | | electric arc furnace to make steel; |
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| 41 | 43 | | (xii) a dam that is classified as a high |
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| 42 | 44 | | hazard by the Texas Commission on Environmental Quality; [or] |
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| 43 | 45 | | (xiii) a concentrated animal feeding |
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| 44 | 46 | | operation, as defined by Section 26.048, Water Code; or |
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| 45 | 47 | | (xiv) a military installation owned or |
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| 46 | 48 | | operated by or for the federal government, the state, or another |
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| 47 | 49 | | governmental entity; or |
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| 48 | 50 | | (B) if enclosed by a fence or other physical |
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| 49 | 51 | | barrier obviously designed to exclude intruders: |
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| 50 | 52 | | (i) any portion of an aboveground oil, gas, |
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| 51 | 53 | | or chemical pipeline; |
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| 52 | 54 | | (ii) an oil or gas drilling site; |
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| 53 | 55 | | (iii) a group of tanks used to store crude |
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| 54 | 56 | | oil, such as a tank battery; |
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| 55 | 57 | | (iv) an oil, gas, or chemical production |
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| 56 | 58 | | facility; |
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| 57 | 59 | | (v) an oil or gas wellhead; or |
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| 58 | 60 | | (vi) any oil and gas facility that has an |
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| 59 | 61 | | active flare. |
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| 60 | 62 | | SECTION 2. The change in law made by this Act applies only |
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| 61 | 63 | | to an offense committed on or after the effective date of this Act. |
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| 62 | 64 | | An offense committed before the effective date of this Act is |
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| 63 | 65 | | governed by the law in effect on the date the offense was committed, |
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| 64 | 66 | | and the former law is continued in effect for that purpose. For |
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| 65 | 67 | | purposes of this section, an offense was committed before the |
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| 66 | 68 | | effective date of this Act if any element of the offense occurred |
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| 67 | 69 | | before that date. |
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| 68 | 70 | | SECTION 3. This Act takes effect September 1, 2021. |
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