| 1 | 1 | | By: Guillen H.B. No. 4102 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibiting the acquisition or use of certain unmanned |
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| 7 | 7 | | aircraft by a governmental entity. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Chapter 423, Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | CHAPTER 423. [USE OF] UNMANNED AIRCRAFT |
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| 12 | 12 | | SECTION 2. Chapter 423, Government Code, is amended by |
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| 13 | 13 | | adding Section 423.010 to read as follows: |
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| 14 | 14 | | Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN |
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| 15 | 15 | | UNMANNED AIRCRAFT BY GOVERNMENTAL ENTITY PROHIBITED. (a) In this |
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| 16 | 16 | | section: |
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| 17 | 17 | | (1) "Company" means a sole proprietorship, |
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| 18 | 18 | | organization, association, corporation, partnership, joint |
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| 19 | 19 | | venture, limited partnership, limited liability partnership, or |
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| 20 | 20 | | limited liability company, including a wholly owned subsidiary, |
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| 21 | 21 | | majority-owned subsidiary, parent company, or affiliate of those |
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| 22 | 22 | | entities or business associations, that exists to make a profit. |
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| 23 | 23 | | (2) "Governmental entity" means this state, a |
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| 24 | 24 | | political subdivision of this state, or an agency of this state or a |
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| 25 | 25 | | political subdivision of this state. |
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| 26 | 26 | | (b) A governmental entity may not acquire or use an unmanned |
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| 27 | 27 | | aircraft or any related services or equipment produced by a company |
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| 28 | 28 | | that the governmental entity knows or has reason to believe is: |
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| 29 | 29 | | (1) owned by or the majority of stock or other |
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| 30 | 30 | | ownership interest of the company is held or controlled by: |
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| 31 | 31 | | (A) by the government of China, Iran, North |
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| 32 | 32 | | Korea, Russia, or Syria; or |
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| 33 | 33 | | (B) a company or other entity, including a |
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| 34 | 34 | | government entity, that is owned or controlled by the government of |
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| 35 | 35 | | China, Iran, North Korea, Russia, or Syria; or |
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| 36 | 36 | | (2) headquartered in China, Iran, North Korea, Russia, |
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| 37 | 37 | | or Syria. |
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| 38 | 38 | | (c) The prohibition described by Subsection (b) applies |
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| 39 | 39 | | regardless of whether: |
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| 40 | 40 | | (1) the company's or its parent company's securities |
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| 41 | 41 | | are publicly traded; or |
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| 42 | 42 | | (2) the company or its parent company is listed on a |
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| 43 | 43 | | public stock exchange as a Chinese, Iranian, North Korean, Russian, |
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| 44 | 44 | | or Syrian company. |
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| 45 | 45 | | (d) The Department of Information Resources shall include |
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| 46 | 46 | | companies described by Subsection (b) and Subsection (c) in the |
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| 47 | 47 | | Model Security Plan for Prohibited Technologies and make the plan |
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| 48 | 48 | | available to governmental entities. |
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| 49 | 49 | | (d-1) The Model Security Plan for Prohibited Technologies |
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| 50 | 50 | | described in Subsection (d) shall include, without limitation, |
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| 51 | 51 | | companies listed in Section 889 of the federal National Defense |
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| 52 | 52 | | Authorization Act. |
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| 53 | 53 | | (d-2) The Model Security Plan for Prohibited Technologies |
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| 54 | 54 | | described in Subsection (d) shall include companies who are |
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| 55 | 55 | | excluded by future Acts of Congress, or federal administrative |
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| 56 | 56 | | rulemaking. |
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| 57 | 57 | | (d-3) The Model Security Plan for Prohibited Technologies |
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| 58 | 58 | | described in Subsection (d) shall include any other companies The |
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| 59 | 59 | | Department of Information Resources deems unsuitable for use by a |
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| 60 | 60 | | public agency. |
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| 61 | 61 | | SECTION 3. Section 423.010, Government Code, as added by |
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| 62 | 62 | | this Act: |
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| 63 | 63 | | (1) applies to the acquisition of unmanned aircraft or |
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| 64 | 64 | | any related services or equipment on or after the effective date of |
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| 65 | 65 | | this Act, except that a contract or agreement to purchase or |
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| 66 | 66 | | otherwise acquire an unmanned aircraft or related services or |
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| 67 | 67 | | equipment described by that section that is entered into before the |
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| 68 | 68 | | effective date of this Act is unaffected by this Act; |
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| 69 | 69 | | (2) applies to the use of an unmanned aircraft or any |
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| 70 | 70 | | related services or equipment two years after the effective date of |
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| 71 | 71 | | this Act, regardless of whether the unmanned aircraft or any |
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| 72 | 72 | | related services or equipment were acquired before, on, or after |
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| 73 | 73 | | the effective date of this Act. |
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| 74 | 74 | | SECTION 4. This Act takes effect September 1, 2023. |
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