Texas 2023 - 88th Regular

Texas House Bill HB1302 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Geren (Senate Sponsor - Zaffirini) H.B. No. 1302
2	2	(In the Senate - Received from the House May 1, 2023;
3	3	May 1, 2023, read first time and referred to Committee on Natural
4	4	Resources & Economic Development; May 21, 2023, reported
5	5	adversely, with favorable Committee Substitute by the following
6	6	vote: Yeas 6, Nays 3; May 21, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 1302 By: Zaffirini
9	9
10	10
11	11	COMMITTEE VOTE
12	12	YeaNayAbsentPNV
13	13	BirdwellX
14	14	ZaffiriniX
15	15	AlvaradoX
16	16	BlancoX
17	17	HancockX
18	18	HughesX
19	19	KolkhorstX
20	20	MilesX
21	21	SparksX
22	22	A BILL TO BE ENTITLED
23	23	AN ACT
24	24	relating to inspections and examinations by the Railroad Commission
25	25	of Texas of certain sites and facilities conducted using unmanned
26	26	aircraft.
27	27	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
28	28	SECTION 1. Section 423.002(a), Government Code, is amended
29	29	to read as follows:
30	30	(a) It is lawful to capture an image using an unmanned
31	31	aircraft in this state:
32	32	(1) for the purpose of professional or scholarly
33	33	research and development or for another academic purpose by a
34	34	person acting on behalf of an institution of higher education or a
35	35	private or independent institution of higher education, as those
36	36	terms are defined by Section 61.003, Education Code, including a
37	37	person who:
38	38	(A) is a professor, employee, or student of the
39	39	institution; or
40	40	(B) is under contract with or otherwise acting
41	41	under the direction or on behalf of the institution;
42	42	(2) in airspace designated as a test site or range
43	43	authorized by the Federal Aviation Administration for the purpose
44	44	of integrating unmanned aircraft systems into the national
45	45	airspace;
46	46	(3) as part of an operation, exercise, or mission of
47	47	any branch of the United States military;
48	48	(4) if the image is captured by a satellite for the
49	49	purposes of mapping;
50	50	(5) if the image is captured by or for an electric or
51	51	natural gas utility or a telecommunications provider:
52	52	(A) for operations and maintenance of utility or
53	53	telecommunications facilities for the purpose of maintaining
54	54	utility or telecommunications system reliability and integrity;
55	55	(B) for inspecting utility or telecommunications
56	56	facilities to determine repair, maintenance, or replacement needs
57	57	during and after construction of such facilities;
58	58	(C) for assessing vegetation growth for the
59	59	purpose of maintaining clearances on utility or telecommunications
60	60	easements; and
61	61	(D) for utility or telecommunications facility
62	62	routing and siting for the purpose of providing utility or
63	63	telecommunications service;
64	64	(6) with the consent of the individual who owns or
65	65	lawfully occupies the real property captured in the image;
66	66	(7) pursuant to a valid search or arrest warrant;
67	67	(8) if the image is captured by a law enforcement
68	68	authority or a person who is under contract with or otherwise acting
69	69	under the direction or on behalf of a law enforcement authority:
70	70	(A) in immediate pursuit of a person law
71	71	enforcement officers have reasonable suspicion or probable cause to
72	72	suspect has committed an offense, not including misdemeanors or
73	73	offenses punishable by a fine only;
74	74	(B) for the purpose of documenting a crime scene
75	75	where an offense, not including misdemeanors or offenses punishable
76	76	by a fine only, has been committed;
77	77	(C) for the purpose of investigating the scene
78	78	of:
79	79	(i) a human fatality;
80	80	(ii) a motor vehicle accident causing death
81	81	or serious bodily injury to a person; or
82	82	(iii) any motor vehicle accident on a state
83	83	highway or federal interstate or highway;
84	84	(D) in connection with the search for a missing
85	85	person;
86	86	(E) for the purpose of conducting a high-risk
87	87	tactical operation that poses a threat to human life;
88	88	(F) of private property that is generally open to
89	89	the public where the property owner consents to law enforcement
90	90	public safety responsibilities; or
91	91	(G) of real property or a person on real property
92	92	that is within 25 miles of the United States border for the sole
93	93	purpose of ensuring border security;
94	94	(9) if the image is captured by state or local law
95	95	enforcement authorities, or a person who is under contract with or
96	96	otherwise acting under the direction or on behalf of state
97	97	authorities, for the purpose of:
98	98	(A) surveying the scene of a catastrophe or other
99	99	damage to determine whether a state of emergency should be
100	100	declared;
101	101	(B) preserving public safety, protecting
102	102	property, or surveying damage or contamination during a lawfully
103	103	declared state of emergency; or
104	104	(C) conducting routine air quality sampling and
105	105	monitoring, as provided by state or local law;
106	106	(10) at the scene of a spill, or a suspected spill, of
107	107	hazardous materials;
108	108	(11) for the purpose of fire suppression;
109	109	(12) for the purpose of rescuing a person whose life or
110	110	well-being is in imminent danger;
111	111	(13) if the image is captured by a Texas licensed real
112	112	estate broker in connection with the marketing, sale, or financing
113	113	of real property, provided that no individual is identifiable in
114	114	the image;
115	115	(14) from a height no more than eight feet above ground
116	116	level in a public place, if the image was captured without using any
117	117	electronic, mechanical, or other means to amplify the image beyond
118	118	normal human perception;
119	119	(15) of public real property or a person on that
120	120	property;
121	121	(16) if the image is captured by the owner or operator
122	122	of an oil, gas, water, or other pipeline for the purpose of
123	123	inspecting, maintaining, or repairing pipelines or other related
124	124	facilities, and is captured without the intent to conduct
125	125	surveillance on an individual or real property located in this
126	126	state;
127	127	(17) in connection with oil pipeline safety and rig
128	128	protection;
129	129	(18) in connection with port authority surveillance
130	130	and security;
131	131	(19) if the image is captured by a registered
132	132	professional land surveyor in connection with the practice of
133	133	professional surveying, as those terms are defined by Section
134	134	1071.002, Occupations Code, provided that no individual is
135	135	identifiable in the image;
136	136	(20) if the image is captured by a professional
137	137	engineer licensed under Subchapter G, Chapter 1001, Occupations
138	138	Code, in connection with the practice of engineering, as defined by
139	139	Section 1001.003, Occupations Code, provided that no individual is
140	140	identifiable in the image; [or]
141	141	(21) if:
142	142	(A) the image is captured by an employee of an
143	143	insurance company or of an affiliate of the company in connection
144	144	with the underwriting of an insurance policy, or the rating or
145	145	adjusting of an insurance claim, regarding real property or a
146	146	structure on real property; and
147	147	(B) the operator of the unmanned aircraft is
148	148	authorized by the Federal Aviation Administration to conduct
149	149	operations within the airspace from which the image is
150	150	captured; or
151	151	(22) if the image is captured by the Railroad
152	152	Commission of Texas or an agent, servant, or employee of the
153	153	commission in connection with the inspection and examination of:
154	154	(A) an oil or gas site or facility, including a
155	155	well, tank, or disposal or injection site;
156	156	(B) a pipeline facility; or
157	157	(C) a surface mining site.
158	158	SECTION 2. Section 88.091, Natural Resources Code, is
159	159	amended to read as follows:
160	160	Sec. 88.091. ACCESS TO PROPERTY AND RECORDS. (a) The
161	161	governmental agency shall have access at all times to:
162	162	(1) the oil property of all persons for inspection and
163	163	examination, including for inspection and examination by unmanned
164	164	aircraft; and
165	165	(2) the records of all these persons for inspection,
166	166	examination, and audit.
167	167	(b) The governmental agency shall provide notice to the
168	168	operator of the property before the governmental agency uses
169	169	unmanned aircraft for the inspection and examination of the
170	170	property. On receiving the notice, the operator of the property
171	171	shall make a good faith effort to provide notice to the owner of the
172	172	property, if applicable.
173	173	SECTION 3. This Act takes effect immediately if it receives
174	174	a vote of two-thirds of all the members elected to each house, as
175	175	provided by Section 39, Article III, Texas Constitution. If this
176	176	Act does not receive the vote necessary for immediate effect, this
177	177	Act takes effect September 1, 2023.
178	178	* * * * *