Texas 2023 - 88th Regular

Texas House Bill HB3075 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3075
2	2
3	3
4	4	AN ACT
5	5	relating to the operation of an unmanned aircraft over a
6	6	correctional facility or detention facility; creating a criminal
7	7	offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 38, Penal Code, is amended by adding
10	10	Section 38.115 to read as follows:
11	11	Sec. 38.115. OPERATION OF UNMANNED AIRCRAFT OVER
12	12	CORRECTIONAL FACILITY OR DETENTION FACILITY. (a) In this section:
13	13	(1) "Contraband" means any item not provided by or
14	14	authorized by the operator of a correctional facility or detention
15	15	facility.
16	16	(2) "Correctional facility" means:
17	17	(A) a confinement facility operated by or under
18	18	contract with any division of the Texas Department of Criminal
19	19	Justice;
20	20	(B) a municipal or county jail;
21	21	(C) a confinement facility operated by or under
22	22	contract with the Federal Bureau of Prisons; or
23	23	(D) a secure correctional facility or secure
24	24	detention facility, as defined by Section 51.02, Family Code.
25	25	(3) "Detention facility" means a facility operated by
26	26	or under contract with United States Immigration and Customs
27	27	Enforcement for the purpose of detaining aliens and placing them in
28	28	removal proceedings.
29	29	(b) A person commits an offense if the person intentionally
30	30	or knowingly:
31	31	(1) operates an unmanned aircraft over a correctional
32	32	facility or detention facility and the unmanned aircraft is not
33	33	higher than 400 feet above ground level;
34	34	(2) allows an unmanned aircraft to make contact with a
35	35	correctional facility or detention facility, including any person
36	36	or object on the premises of or within the facility; or
37	37	(3) allows an unmanned aircraft to come within a
38	38	distance of a correctional facility or detention facility that is
39	39	close enough to interfere with the operations of or cause a
40	40	disturbance to the facility.
41	41	(c) This section does not apply to conduct described by
42	42	Subsection (b) that is committed by:
43	43	(1) the federal government, this state, or a
44	44	governmental entity;
45	45	(2) a person under contract with or otherwise acting
46	46	under the direction or on behalf of the federal government, this
47	47	state, or a governmental entity;
48	48	(3) a person who has the prior written consent of the
49	49	owner or operator of the correctional facility or detention
50	50	facility;
51	51	(4) a law enforcement agency; or
52	52	(5) a person under contract with or otherwise acting
53	53	under the direction or on behalf of a law enforcement agency.
54	54	(d) An offense under this section is a Class B misdemeanor,
55	55	except that the offense is:
56	56	(1) a Class A misdemeanor if the actor has previously
57	57	been convicted under this section; or
58	58	(2) a state jail felony if, during the commission of
59	59	the offense, the actor used the unmanned aircraft to:
60	60	(A) provide contraband to a person in the custody
61	61	of the correctional facility or detention facility; or
62	62	(B) otherwise introduce contraband into the
63	63	correctional facility or detention facility.
64	64	SECTION 2. The heading to Section 423.0045, Government
65	65	Code, is amended to read as follows:
66	66	Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER
67	67	[CORRECTIONAL FACILITY, DETENTION FACILITY, OR] CRITICAL
68	68	INFRASTRUCTURE FACILITY.
69	69	SECTION 3. Sections 423.0045(b) and (c), Government Code,
70	70	are amended to read as follows:
71	71	(b) A person commits an offense if the person intentionally
72	72	or knowingly:
73	73	(1) operates an unmanned aircraft over a [correctional
74	74	facility, detention facility, or] critical infrastructure facility
75	75	and the unmanned aircraft is not higher than 400 feet above ground
76	76	level;
77	77	(2) allows an unmanned aircraft to make contact with a
78	78	[correctional facility, detention facility, or] critical
79	79	infrastructure facility, including any person or object on the
80	80	premises of or within the facility; or
81	81	(3) allows an unmanned aircraft to come within a
82	82	distance of a [correctional facility, detention facility, or]
83	83	critical infrastructure facility that is close enough to interfere
84	84	with the operations of or cause a disturbance to the facility.
85	85	(c) This section does not apply to[:
86	86	[(1)] conduct described by Subsection (b) that
87	87	[involves a correctional facility, detention facility, or critical
88	88	infrastructure facility and] is committed by:
89	89	(1) [(A)] the federal government, the state, or a
90	90	governmental entity;
91	91	(2) [(B)] a person under contract with or otherwise
92	92	acting under the direction or on behalf of the federal government,
93	93	the state, or a governmental entity;
94	94	(3) [(C)] a law enforcement agency;
95	95	(4) [(D)] a person under contract with or otherwise
96	96	acting under the direction or on behalf of a law enforcement agency;
97	97	(5) [or
98	98	[(E)] an operator of an unmanned aircraft that is
99	99	being used for a commercial purpose, if the operation is conducted
100	100	in compliance with:
101	101	(A) [(i)] each applicable Federal Aviation
102	102	Administration rule, restriction, or exemption; and
103	103	(B) [(ii)] all required Federal Aviation
104	104	Administration authorizations;
105	105	(6) [or
106	106	[(2) conduct described by Subsection (b) that involves
107	107	a critical infrastructure facility and is committed by:
108	108	[(A)] an owner or operator of the critical
109	109	infrastructure facility;
110	110	(7) [(B)] a person under contract with or otherwise
111	111	acting under the direction or on behalf of an owner or operator of
112	112	the critical infrastructure facility;
113	113	(8) [(C)] a person who has the prior written consent
114	114	of the owner or operator of the critical infrastructure facility;
115	115	or
116	116	(9) [(D)] the owner or occupant of the property on
117	117	which the critical infrastructure facility is located or a person
118	118	who has the prior written consent of the owner or occupant of that
119	119	property.
120	120	SECTION 4. Sections 423.0045(a)(1) and (3), Government
121	121	Code, are repealed.
122	122	SECTION 5. The change in law made by this Act to Section
123	123	423.0045, Government Code, applies only to an offense committed on
124	124	or after the effective date of this Act. An offense committed
125	125	before the effective date of this Act is governed by the law in
126	126	effect on the date the offense was committed, and the former law is
127	127	continued in effect for that purpose. For purposes of this section,
128	128	an offense was committed before the effective date of this Act if
129	129	any element of the offense was committed before that date.
130	130	SECTION 6. This Act takes effect September 1, 2023.
131	131	______________________________ ______________________________
132	132	President of the Senate Speaker of the House
133	133	I certify that H.B. No. 3075 was passed by the House on April
134	134	28, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not
135	135	voting.
136	136	______________________________
137	137	Chief Clerk of the House
138	138	I certify that H.B. No. 3075 was passed by the Senate on May
139	139	16, 2023, by the following vote: Yeas 31, Nays 0.
140	140	______________________________
141	141	Secretary of the Senate
142	142	APPROVED: _____________________
143	143	Date
144	144	_____________________
145	145	Governor