Texas 2023 - 88th Regular

Texas Senate Bill SB1308 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1308
2	2
3	3
4	4	AN ACT
5	5	relating to the operation of an unmanned aircraft over an airport or
6	6	military installation; creating a criminal offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 42, Penal Code, is amended by adding
9	9	Section 42.15 to read as follows:
10	10	Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT OR
11	11	MILITARY INSTALLATION. (a) In this section:
12	12	(1) "Airport" has the meaning assigned by Section
13	13	22.001, Transportation Code.
14	14	(2) "Military installation" means any military
15	15	installation owned or operated by or for the federal government,
16	16	this state, or another governmental entity.
17	17	(b) A person commits an offense if the person intentionally
18	18	or knowingly:
19	19	(1) operates an unmanned aircraft over an airport or
20	20	military installation;
21	21	(2) allows an unmanned aircraft to make contact with
22	22	an airport or military installation, including any person or object
23	23	on the premises of or within the airport or military installation;
24	24	or
25	25	(3) operates an unmanned aircraft in a manner that
26	26	interferes with the operations of or causes a disturbance to an
27	27	airport or military installation.
28	28	(c) It is a defense to prosecution under this section that
29	29	the conduct described by Subsection (b) was engaged in by:
30	30	(1) the federal government, this state, or a
31	31	governmental entity;
32	32	(2) a person under contract with or otherwise acting
33	33	under the direction or on behalf of the federal government, this
34	34	state, or a governmental entity;
35	35	(3) a law enforcement agency;
36	36	(4) a person under contract with or otherwise acting
37	37	under the direction or on behalf of a law enforcement agency;
38	38	(5) an owner or operator of the airport or military
39	39	installation;
40	40	(6) a person under contract with or otherwise acting
41	41	under the direction or on behalf of an owner or operator of the
42	42	airport or military installation;
43	43	(7) a person who has the prior written or electronic
44	44	authorization of:
45	45	(A) the owner or operator of the airport or
46	46	military installation; or
47	47	(B) the Federal Aviation Administration; or
48	48	(8) the owner or occupant of the property on which the
49	49	airport or military installation is located or a person who has the
50	50	prior written consent of the owner or occupant of that property.
51	51	(d) An offense under this section is a Class B misdemeanor,
52	52	except that the offense is a Class A misdemeanor if the actor has
53	53	previously been convicted under this section.
54	54	SECTION 2. Section 423.0045(a)(1-a), Government Code, is
55	55	amended to read as follows:
56	56	(1-a) "Critical infrastructure facility" means:
57	57	(A) one of the following, if completely enclosed
58	58	by a fence or other physical barrier that is obviously designed to
59	59	exclude intruders, or if clearly marked with a sign or signs that
60	60	are posted on the property, are reasonably likely to come to the
61	61	attention of intruders, and indicate that entry is forbidden:
62	62	(i) a petroleum or alumina refinery;
63	63	(ii) an electrical power generating
64	64	facility, substation, switching station, or electrical control
65	65	center;
66	66	(iii) a chemical, polymer, or rubber
67	67	manufacturing facility;
68	68	(iv) a water intake structure, water
69	69	treatment facility, wastewater treatment plant, or pump station;
70	70	(v) a natural gas compressor station;
71	71	(vi) a liquid natural gas terminal or
72	72	storage facility;
73	73	(vii) a telecommunications central
74	74	switching office or any structure used as part of a system to
75	75	provide wired or wireless telecommunications services;
76	76	(viii) a port, [a public or private airport
77	77	depicted in any current aeronautical chart published by the Federal
78	78	Aviation Administration,] a railroad switching yard, a trucking
79	79	terminal, or any other freight transportation facility;
80	80	(ix) a gas processing plant, including a
81	81	plant used in the processing, treatment, or fractionation of
82	82	natural gas;
83	83	(x) a transmission facility used by a
84	84	federally licensed radio or television station;
85	85	(xi) a steelmaking facility that uses an
86	86	electric arc furnace to make steel;
87	87	(xii) a dam that is classified as a high
88	88	hazard by the Texas Commission on Environmental Quality; or
89	89	(xiii) a concentrated animal feeding
90	90	operation, as defined by Section 26.048, Water Code; or
91	91	[(xiv) a military installation owned or
92	92	operated by or for the federal government, the state, or another
93	93	governmental entity; or]
94	94	(B) if enclosed by a fence or other physical
95	95	barrier obviously designed to exclude intruders:
96	96	(i) any portion of an aboveground oil, gas,
97	97	or chemical pipeline;
98	98	(ii) an oil or gas drilling site;
99	99	(iii) a group of tanks used to store crude
100	100	oil, such as a tank battery;
101	101	(iv) an oil, gas, or chemical production
102	102	facility;
103	103	(v) an oil or gas wellhead; or
104	104	(vi) any oil and gas facility that has an
105	105	active flare.
106	106	SECTION 3. Section 424.001, Government Code, is amended to
107	107	read as follows:
108	108	Sec. 424.001. DEFINITION. In this chapter, "critical
109	109	infrastructure facility" has the meaning assigned by Section
110	110	423.0045(a)(1-a) and also includes:
111	111	(1) any pipeline transporting oil or gas or the
112	112	products or constituents of oil or gas; [and]
113	113	(2) a public or private airport depicted in any
114	114	current aeronautical chart published by the Federal Aviation
115	115	Administration;
116	116	(3) a military installation owned or operated by or
117	117	for the federal government, this state, or another governmental
118	118	entity; and
119	119	(4) a facility or pipeline described by this section
120	120	that is under construction and all equipment and appurtenances used
121	121	during that construction.
122	122	SECTION 4. The changes in law made by this Act apply only to
123	123	an offense committed on or after the effective date of this Act. An
124	124	offense committed before the effective date of this Act is governed
125	125	by the law in effect on the date the offense was committed, and the
126	126	former law is continued in effect for that purpose. For purposes of
127	127	this section, an offense was committed before the effective date of
128	128	this Act if any element of the offense was committed before that
129	129	date.
130	130	SECTION 5. This Act takes effect September 1, 2023.
131	131	______________________________ ______________________________
132	132	President of the Senate Speaker of the House
133	133	I hereby certify that S.B. No. 1308 passed the Senate on
134	134	March 28, 2023, by the following vote: Yeas 30, Nays 0; and that
135	135	the Senate concurred in House amendment on May 25, 2023, by the
136	136	following vote: Yeas 31, Nays 0.
137	137	______________________________
138	138	Secretary of the Senate
139	139	I hereby certify that S.B. No. 1308 passed the House, with
140	140	amendment, on May 22, 2023, by the following vote: Yeas 146,
141	141	Nays 0, one present not voting.
142	142	______________________________
143	143	Chief Clerk of the House
144	144	Approved:
145	145	______________________________
146	146	Date
147	147	______________________________
148	148	Governor