By: Kacal (Senate Sponsor - Flores) H.B. No. 3075
(In the Senate - Received from the House May 1, 2023;
May 2, 2023, read first time and referred to Committee on Criminal
Justice; May 11, 2023, reported favorably by the following vote:
Yeas 6, Nays 0; May 11, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the operation of an unmanned aircraft over a
correctional facility or detention facility; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Penal Code, is amended by adding
Section 38.115 to read as follows:
Sec. 38.115. OPERATION OF UNMANNED AIRCRAFT OVER
CORRECTIONAL FACILITY OR DETENTION FACILITY. (a) In this section:
(1) "Contraband" means any item not provided by or
authorized by the operator of a correctional facility or detention
facility.
(2) "Correctional facility" means:
(A) a confinement facility operated by or under
contract with any division of the Texas Department of Criminal
Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under
contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure
detention facility, as defined by Section 51.02, Family Code.
(3) "Detention facility" means a facility operated by
or under contract with United States Immigration and Customs
Enforcement for the purpose of detaining aliens and placing them in
removal proceedings.
(b) A person commits an offense if the person intentionally
or knowingly:
(1) operates an unmanned aircraft over a correctional
facility or detention facility and the unmanned aircraft is not
higher than 400 feet above ground level;
(2) allows an unmanned aircraft to make contact with a
correctional facility or detention facility, including any person
or object on the premises of or within the facility; or
(3) allows an unmanned aircraft to come within a
distance of a correctional facility or detention facility that is
close enough to interfere with the operations of or cause a
disturbance to the facility.
(c) This section does not apply to conduct described by
Subsection (b) that is committed by:
(1) the federal government, this state, or a
governmental entity;
(2) a person under contract with or otherwise acting
under the direction or on behalf of the federal government, this
state, or a governmental entity;
(3) a person who has the prior written consent of the
owner or operator of the correctional facility or detention
facility;
(4) a law enforcement agency; or
(5) a person under contract with or otherwise acting
under the direction or on behalf of a law enforcement agency.
(d) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted under this section; or
(2) a state jail felony if, during the commission of
the offense, the actor used the unmanned aircraft to:
(A) provide contraband to a person in the custody
of the correctional facility or detention facility; or
(B) otherwise introduce contraband into the
correctional facility or detention facility.
SECTION 2. The heading to Section 423.0045, Government
Code, is amended to read as follows:
Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER
[CORRECTIONAL FACILITY, DETENTION FACILITY, OR] CRITICAL
INFRASTRUCTURE FACILITY.
SECTION 3. Sections 423.0045(b) and (c), Government Code,
are amended to read as follows:
(b) A person commits an offense if the person intentionally
or knowingly:
(1) operates an unmanned aircraft over a [correctional
facility, detention facility, or] critical infrastructure facility
and the unmanned aircraft is not higher than 400 feet above ground
level;
(2) allows an unmanned aircraft to make contact with a
[correctional facility, detention facility, or] critical
infrastructure facility, including any person or object on the
premises of or within the facility; or
(3) allows an unmanned aircraft to come within a
distance of a [correctional facility, detention facility, or]
critical infrastructure facility that is close enough to interfere
with the operations of or cause a disturbance to the facility.
(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:
(1) [(A)] the federal government, the state, or a
governmental entity;
(2) [(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;
(3) [(C)] a law enforcement agency;
(4) [(D)] a person under contract with or otherwise
acting under the direction or on behalf of a law enforcement agency;
(5) [or
[(E)] an operator of an unmanned aircraft that is
being used for a commercial purpose, if the operation is conducted
in compliance with:
(A) [(i)] each applicable Federal Aviation
Administration rule, restriction, or exemption; and
(B) [(ii)] all required Federal Aviation
Administration authorizations;
(6) [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;
(7) [(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;
(8) [(C)] a person who has the prior written consent
of the owner or operator of the critical infrastructure facility;
or
(9) [(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 4. Sections 423.0045(a)(1) and (3), Government
Code, are repealed.
SECTION 5. The change in law made by this Act to Section
423.0045, Government Code, 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 was committed before that date.
SECTION 6. This Act takes effect September 1, 2023.
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