| 1 | 1 | | 88R4739 JRR-D |
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| 2 | 2 | | By: Capriglione H.B. No. 2159 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the criminal offense of operation of |
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| 8 | 8 | | an unmanned aircraft over certain facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 423.0045(c), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (c) This section does not apply to: |
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| 13 | 13 | | (1) conduct described by Subsection (b) that involves |
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| 14 | 14 | | a correctional facility, detention facility, or critical |
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| 15 | 15 | | infrastructure facility and is committed by: |
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| 16 | 16 | | (A) the federal government, the state, or a |
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| 17 | 17 | | governmental entity; |
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| 18 | 18 | | (B) a person under contract with or otherwise |
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| 19 | 19 | | acting under the direction or on behalf of the federal government, |
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| 20 | 20 | | the state, or a governmental entity; |
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| 21 | 21 | | (C) a law enforcement agency; or |
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| 22 | 22 | | (D) a person under contract with or otherwise |
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| 23 | 23 | | acting under the direction or on behalf of a law enforcement agency; |
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| 24 | 24 | | or |
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| 25 | 25 | | [(E) an operator of an unmanned aircraft that is |
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| 26 | 26 | | being used for a commercial purpose, if the operation is conducted |
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| 27 | 27 | | in compliance with: |
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| 28 | 28 | | [(i) each applicable Federal Aviation |
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| 29 | 29 | | Administration rule, restriction, or exemption; and |
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| 30 | 30 | | [(ii) all required Federal Aviation |
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| 31 | 31 | | Administration authorizations; or] |
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| 32 | 32 | | (2) conduct described by Subsection (b) that involves |
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| 33 | 33 | | a critical infrastructure facility and is committed by: |
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| 34 | 34 | | (A) an owner or operator of the critical |
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| 35 | 35 | | infrastructure facility; |
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| 36 | 36 | | (B) a person under contract with or otherwise |
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| 37 | 37 | | acting under the direction or on behalf of an owner or operator of |
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| 38 | 38 | | the critical infrastructure facility; |
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| 39 | 39 | | (C) a person who has the prior written consent of |
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| 40 | 40 | | the owner or operator of the critical infrastructure facility; or |
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| 41 | 41 | | (D) the owner or occupant of the property on |
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| 42 | 42 | | which the critical infrastructure facility is located or a person |
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| 43 | 43 | | who has the prior written consent of the owner or occupant of that |
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| 44 | 44 | | property. |
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| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
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| 46 | 46 | | to an offense committed on or after the effective date of this Act. |
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| 47 | 47 | | An offense committed before the effective date of this Act is |
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| 48 | 48 | | governed by the law in effect on the date the offense was committed, |
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| 49 | 49 | | and the former law is continued in effect for that purpose. For |
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| 50 | 50 | | purposes of this section, an offense was committed before the |
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| 51 | 51 | | effective date of this Act if any element of the offense occurred |
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| 52 | 52 | | before that date. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2023. |
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