By: Guillen H.B. No. 4102
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the acquisition or use of certain unmanned
aircraft by a governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 423, Government Code, is
amended to read as follows:
CHAPTER 423. [USE OF] UNMANNED AIRCRAFT
SECTION 2. Chapter 423, Government Code, is amended by
adding Section 423.010 to read as follows:
Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN
UNMANNED AIRCRAFT BY GOVERNMENTAL ENTITY PROHIBITED. (a) In this
section:
(1) "Company" means a sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or
limited liability company, including a wholly owned subsidiary,
majority-owned subsidiary, parent company, or affiliate of those
entities or business associations, that exists to make a profit.
(2) "Governmental entity" means this state, a
political subdivision of this state, or an agency of this state or a
political subdivision of this state.
(b) A governmental entity may not acquire or use an unmanned
aircraft or any related services or equipment produced by a company
that the governmental entity knows or has reason to believe is:
(1) owned by or the majority of stock or other
ownership interest of the company is held or controlled by:
(A) by the government of China, Iran, North
Korea, Russia, or Syria; or
(B) a company or other entity, including a
government entity, that is owned or controlled by the government of
China, Iran, North Korea, Russia, or Syria; or
(2) headquartered in China, Iran, North Korea, Russia,
or Syria.
(c) The prohibition described by Subsection (b) applies
regardless of whether:
(1) the company's or its parent company's securities
are publicly traded; or
(2) the company or its parent company is listed on a
public stock exchange as a Chinese, Iranian, North Korean, Russian,
or Syrian company.
(d) The Department of Information Resources shall include
companies described by Subsection (b) and Subsection (c) in the
Model Security Plan for Prohibited Technologies and make the plan
available to governmental entities.
(d-1) The Model Security Plan for Prohibited Technologies
described in Subsection (d) shall include, without limitation,
companies listed in Section 889 of the federal National Defense
Authorization Act.
(d-2) The Model Security Plan for Prohibited Technologies
described in Subsection (d) shall include companies who are
excluded by future Acts of Congress, or federal administrative
rulemaking.
(d-3) The Model Security Plan for Prohibited Technologies
described in Subsection (d) shall include any other companies The
Department of Information Resources deems unsuitable for use by a
public agency.
SECTION 3. Section 423.010, Government Code, as added by
this Act:
(1) applies to the acquisition of unmanned aircraft or
any related services or equipment on or after the effective date of
this Act, except that a contract or agreement to purchase or
otherwise acquire an unmanned aircraft or related services or
equipment described by that section that is entered into before the
effective date of this Act is unaffected by this Act;
(2) applies to the use of an unmanned aircraft or any
related services or equipment two years after the effective date of
this Act, regardless of whether the unmanned aircraft or any
related services or equipment were acquired before, on, or after
the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.