| 1 | 1 | | 88R8947 JRR-D |
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| 2 | 2 | | By: Tinderholt H.B. No. 4737 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the acquisition and use of certain unmanned |
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| 8 | 8 | | aircraft by a governmental entity. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 423, Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | CHAPTER 423. [USE OF] UNMANNED AIRCRAFT |
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| 13 | 13 | | SECTION 2. Chapter 423, Government Code, is amended by |
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| 14 | 14 | | adding Section 423.010 to read as follows: |
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| 15 | 15 | | Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN |
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| 16 | 16 | | UNMANNED AIRCRAFT BY GOVERNMENTAL ENTITY PROHIBITED; REPORT. (a) |
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| 17 | 17 | | In this section: |
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| 18 | 18 | | (1) "Company" means a sole proprietorship, |
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| 19 | 19 | | organization, association, corporation, partnership, joint |
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| 20 | 20 | | venture, limited partnership, limited liability partnership, or |
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| 21 | 21 | | limited liability company, including a wholly owned subsidiary, |
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| 22 | 22 | | majority-owned subsidiary, parent company, or affiliate of those |
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| 23 | 23 | | entities or business associations, that exists to make a profit. |
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| 24 | 24 | | (2) "Governmental entity" means this state, a |
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| 25 | 25 | | political subdivision of this state, or an agency of this state or a |
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| 26 | 26 | | political subdivision of this state. |
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| 27 | 27 | | (b) Except as otherwise provided by Subsection (d), a |
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| 28 | 28 | | governmental entity may not acquire or use an unmanned aircraft |
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| 29 | 29 | | produced by a company that the governmental entity knows or has |
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| 30 | 30 | | reason to believe is: |
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| 31 | 31 | | (1) owned by or the majority of stock or other |
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| 32 | 32 | | ownership interest of the company is held or controlled by: |
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| 33 | 33 | | (A) individuals who are citizens of China; or |
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| 34 | 34 | | (B) a company or other entity, including a |
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| 35 | 35 | | government entity, that is owned or controlled by citizens of or is |
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| 36 | 36 | | directly controlled by the government of China; or |
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| 37 | 37 | | (2) headquartered in China. |
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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 company. |
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| 44 | 44 | | (d) A governmental entity that, before September 1, 2023, |
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| 45 | 45 | | acquired, or entered into a contract or agreement to acquire, an |
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| 46 | 46 | | unmanned aircraft described by Subsection (b) may continue to use |
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| 47 | 47 | | the unmanned aircraft after that date, except that for each |
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| 48 | 48 | | acquisition of an unmanned aircraft that is not prohibited under |
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| 49 | 49 | | Subsection (b) that occurs on or after September 1, 2023, the |
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| 50 | 50 | | governmental entity must discontinue use of an unmanned aircraft |
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| 51 | 51 | | described by Subsection (b). |
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| 52 | 52 | | (e) Not later than October 1 of each even-numbered year, a |
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| 53 | 53 | | governmental entity that continues to use an unmanned aircraft as |
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| 54 | 54 | | described by Subsection (d) must submit the following information |
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| 55 | 55 | | for the preceding state fiscal biennium to the Department of Public |
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| 56 | 56 | | Safety in the form and manner prescribed by the department: |
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| 57 | 57 | | (1) the number and percentage of the governmental |
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| 58 | 58 | | entity's unmanned aircraft that are described by Subsection (b); |
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| 59 | 59 | | (2) the number of unmanned aircraft acquired; |
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| 60 | 60 | | (3) the number and percentage of unmanned aircraft |
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| 61 | 61 | | described by Subsection (b) that the governmental entity |
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| 62 | 62 | | discontinued using; and |
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| 63 | 63 | | (4) any other information prescribed by the |
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| 64 | 64 | | department. |
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| 65 | 65 | | (f) Not later than December 1 of each even-numbered year, |
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| 66 | 66 | | the Department of Public Safety shall submit to the governor, the |
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| 67 | 67 | | lieutenant governor, and the legislature a report summarizing the |
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| 68 | 68 | | information received by the department under Subsection (e) for the |
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| 69 | 69 | | preceding state fiscal biennium. |
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| 70 | 70 | | SECTION 3. Section 423.010(b), Government Code, as added by |
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| 71 | 71 | | this Act: |
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| 72 | 72 | | (1) applies to the acquisition of an unmanned aircraft |
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| 73 | 73 | | on or after the effective date of this Act, except that a contract |
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| 74 | 74 | | or agreement to purchase or otherwise acquire an unmanned aircraft |
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| 75 | 75 | | described by that section that is entered into before the effective |
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| 76 | 76 | | date of this Act is unaffected by this Act; and |
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| 77 | 77 | | (2) except as otherwise provided by Section |
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| 78 | 78 | | 423.010(d), as added by this Act, applies to the use of an unmanned |
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| 79 | 79 | | aircraft on or after the effective date of this Act, regardless of |
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| 80 | 80 | | whether the unmanned aircraft was acquired before, on, or after the |
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| 81 | 81 | | effective date of this Act. |
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| 82 | 82 | | SECTION 4. This Act takes effect September 1, 2023. |
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