88R4739 JRR-D
By: Capriglione H.B. No. 2159
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal 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(c), Government Code, is amended
to read as follows:
(c) This section does not apply to:
(1) conduct described by Subsection (b) that involves
a correctional facility, detention facility, or critical
infrastructure facility and is committed by:
(A) the federal government, the state, or a
governmental entity;
(B) a person under contract with or otherwise
acting under the direction or on behalf of the federal government,
the state, or a governmental entity;
(C) a law enforcement agency; or
(D) a person under contract with or otherwise
acting under the direction or on behalf of a law enforcement agency;
or
[(E) an operator of an unmanned aircraft that is
being used for a commercial purpose, if the operation is conducted
in compliance with:
[(i) each applicable Federal Aviation
Administration rule, restriction, or exemption; and
[(ii) all required Federal Aviation
Administration authorizations; or]
(2) conduct described by Subsection (b) that involves
a critical infrastructure facility and is committed by:
(A) an owner or operator of the critical
infrastructure facility;
(B) a person under contract with or otherwise
acting under the direction or on behalf of an owner or operator of
the critical infrastructure facility;
(C) a person who has the prior written consent of
the owner or operator of the critical infrastructure facility; or
(D) the owner or occupant of the property on
which the critical infrastructure facility is located or a person
who has the prior written consent of the owner or occupant of that
property.
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, 2023.