Texas 2023 - 88th Regular

Texas House Bill HB1516 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R723 JTZ-D
2	2	By: Wilson, et al. H.B. No. 1516
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of unmanned aircraft by the Texas military
8	8	forces.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 423.002(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) It is lawful to capture an image using an unmanned
13	13	aircraft in this state:
14	14	(1) for the purpose of professional or scholarly
15	15	research and development or for another academic purpose by a
16	16	person acting on behalf of an institution of higher education or a
17	17	private or independent institution of higher education, as those
18	18	terms are defined by Section 61.003, Education Code, including a
19	19	person who:
20	20	(A) is a professor, employee, or student of the
21	21	institution; or
22	22	(B) is under contract with or otherwise acting
23	23	under the direction or on behalf of the institution;
24	24	(2) in airspace designated as a test site or range
25	25	authorized by the Federal Aviation Administration for the purpose
26	26	of integrating unmanned aircraft systems into the national
27	27	airspace;
28	28	(3) as part of an operation, exercise, or mission of
29	29	any branch of:
30	30	(A) the United States military; or
31	31	(B) the Texas military forces as defined by
32	32	Section 437.001;
33	33	(4) if the image is captured by a satellite for the
34	34	purposes of mapping;
35	35	(5) if the image is captured by or for an electric or
36	36	natural gas utility or a telecommunications provider:
37	37	(A) for operations and maintenance of utility or
38	38	telecommunications facilities for the purpose of maintaining
39	39	utility or telecommunications system reliability and integrity;
40	40	(B) for inspecting utility or telecommunications
41	41	facilities to determine repair, maintenance, or replacement needs
42	42	during and after construction of such facilities;
43	43	(C) for assessing vegetation growth for the
44	44	purpose of maintaining clearances on utility or telecommunications
45	45	easements; and
46	46	(D) for utility or telecommunications facility
47	47	routing and siting for the purpose of providing utility or
48	48	telecommunications service;
49	49	(6) with the consent of the individual who owns or
50	50	lawfully occupies the real property captured in the image;
51	51	(7) pursuant to a valid search or arrest warrant;
52	52	(8) if the image is captured by a law enforcement
53	53	authority or a person who is under contract with or otherwise acting
54	54	under the direction or on behalf of a law enforcement authority:
55	55	(A) in immediate pursuit of a person law
56	56	enforcement officers have reasonable suspicion or probable cause to
57	57	suspect has committed an offense, not including misdemeanors or
58	58	offenses punishable by a fine only;
59	59	(B) for the purpose of documenting a crime scene
60	60	where an offense, not including misdemeanors or offenses punishable
61	61	by a fine only, has been committed;
62	62	(C) for the purpose of investigating the scene
63	63	of:
64	64	(i) a human fatality;
65	65	(ii) a motor vehicle accident causing death
66	66	or serious bodily injury to a person; or
67	67	(iii) any motor vehicle accident on a state
68	68	highway or federal interstate or highway;
69	69	(D) in connection with the search for a missing
70	70	person;
71	71	(E) for the purpose of conducting a high-risk
72	72	tactical operation that poses a threat to human life;
73	73	(F) of private property that is generally open to
74	74	the public where the property owner consents to law enforcement
75	75	public safety responsibilities; or
76	76	(G) of real property or a person on real property
77	77	that is within 25 miles of the United States border for the sole
78	78	purpose of ensuring border security;
79	79	(9) if the image is captured by state or local law
80	80	enforcement authorities, or a person who is under contract with or
81	81	otherwise acting under the direction or on behalf of state
82	82	authorities, for the purpose of:
83	83	(A) surveying the scene of a catastrophe or other
84	84	damage to determine whether a state of emergency should be
85	85	declared;
86	86	(B) preserving public safety, protecting
87	87	property, or surveying damage or contamination during a lawfully
88	88	declared state of emergency; or
89	89	(C) conducting routine air quality sampling and
90	90	monitoring, as provided by state or local law;
91	91	(10) at the scene of a spill, or a suspected spill, of
92	92	hazardous materials;
93	93	(11) for the purpose of fire suppression;
94	94	(12) for the purpose of rescuing a person whose life or
95	95	well-being is in imminent danger;
96	96	(13) if the image is captured by a Texas licensed real
97	97	estate broker in connection with the marketing, sale, or financing
98	98	of real property, provided that no individual is identifiable in
99	99	the image;
100	100	(14) from a height no more than eight feet above ground
101	101	level in a public place, if the image was captured without using any
102	102	electronic, mechanical, or other means to amplify the image beyond
103	103	normal human perception;
104	104	(15) of public real property or a person on that
105	105	property;
106	106	(16) if the image is captured by the owner or operator
107	107	of an oil, gas, water, or other pipeline for the purpose of
108	108	inspecting, maintaining, or repairing pipelines or other related
109	109	facilities, and is captured without the intent to conduct
110	110	surveillance on an individual or real property located in this
111	111	state;
112	112	(17) in connection with oil pipeline safety and rig
113	113	protection;
114	114	(18) in connection with port authority surveillance
115	115	and security;
116	116	(19) if the image is captured by a registered
117	117	professional land surveyor in connection with the practice of
118	118	professional surveying, as those terms are defined by Section
119	119	1071.002, Occupations Code, provided that no individual is
120	120	identifiable in the image;
121	121	(20) if the image is captured by a professional
122	122	engineer licensed under Subchapter G, Chapter 1001, Occupations
123	123	Code, in connection with the practice of engineering, as defined by
124	124	Section 1001.003, Occupations Code, provided that no individual is
125	125	identifiable in the image; or
126	126	(21) if:
127	127	(A) the image is captured by an employee of an
128	128	insurance company or of an affiliate of the company in connection
129	129	with the underwriting of an insurance policy, or the rating or
130	130	adjusting of an insurance claim, regarding real property or a
131	131	structure on real property; and
132	132	(B) the operator of the unmanned aircraft is
133	133	authorized by the Federal Aviation Administration to conduct
134	134	operations within the airspace from which the image is captured.
135	135	SECTION 2. This Act takes effect immediately if it receives
136	136	a vote of two-thirds of all the members elected to each house, as
137	137	provided by Section 39, Article III, Texas Constitution. If this
138	138	Act does not receive the vote necessary for immediate effect, this
139	139	Act takes effect September 1, 2023.