Texas 2023 - 88th Regular

Texas Senate Bill SB423 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 423
2	2
3	3
4	4	AN ACT
5	5	relating to the use of unmanned aircraft by the Texas military
6	6	forces.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 423.002(a), Government Code, is amended
9	9	to read as follows:
10	10	(a) It is lawful to capture an image using an unmanned
11	11	aircraft in this state:
12	12	(1) for the purpose of professional or scholarly
13	13	research and development or for another academic purpose by a
14	14	person acting on behalf of an institution of higher education or a
15	15	private or independent institution of higher education, as those
16	16	terms are defined by Section 61.003, Education Code, including a
17	17	person who:
18	18	(A) is a professor, employee, or student of the
19	19	institution; or
20	20	(B) is under contract with or otherwise acting
21	21	under the direction or on behalf of the institution;
22	22	(2) in airspace designated as a test site or range
23	23	authorized by the Federal Aviation Administration for the purpose
24	24	of integrating unmanned aircraft systems into the national
25	25	airspace;
26	26	(3) as part of an operation, exercise, or mission of
27	27	any branch of:
28	28	(A) the United States military; or
29	29	(B) the Texas military forces as defined by
30	30	Section 437.001;
31	31	(4) if the image is captured by a satellite for the
32	32	purposes of mapping;
33	33	(5) if the image is captured by or for an electric or
34	34	natural gas utility or a telecommunications provider:
35	35	(A) for operations and maintenance of utility or
36	36	telecommunications facilities for the purpose of maintaining
37	37	utility or telecommunications system reliability and integrity;
38	38	(B) for inspecting utility or telecommunications
39	39	facilities to determine repair, maintenance, or replacement needs
40	40	during and after construction of such facilities;
41	41	(C) for assessing vegetation growth for the
42	42	purpose of maintaining clearances on utility or telecommunications
43	43	easements; and
44	44	(D) for utility or telecommunications facility
45	45	routing and siting for the purpose of providing utility or
46	46	telecommunications service;
47	47	(6) with the consent of the individual who owns or
48	48	lawfully occupies the real property captured in the image;
49	49	(7) pursuant to a valid search or arrest warrant;
50	50	(8) if the image is captured by a law enforcement
51	51	authority or a person who is under contract with or otherwise acting
52	52	under the direction or on behalf of a law enforcement authority:
53	53	(A) in immediate pursuit of a person law
54	54	enforcement officers have reasonable suspicion or probable cause to
55	55	suspect has committed an offense, not including misdemeanors or
56	56	offenses punishable by a fine only;
57	57	(B) for the purpose of documenting a crime scene
58	58	where an offense, not including misdemeanors or offenses punishable
59	59	by a fine only, has been committed;
60	60	(C) for the purpose of investigating the scene
61	61	of:
62	62	(i) a human fatality;
63	63	(ii) a motor vehicle accident causing death
64	64	or serious bodily injury to a person; or
65	65	(iii) any motor vehicle accident on a state
66	66	highway or federal interstate or highway;
67	67	(D) in connection with the search for a missing
68	68	person;
69	69	(E) for the purpose of conducting a high-risk
70	70	tactical operation that poses a threat to human life;
71	71	(F) of private property that is generally open to
72	72	the public where the property owner consents to law enforcement
73	73	public safety responsibilities; or
74	74	(G) of real property or a person on real property
75	75	that is within 25 miles of the United States border for the sole
76	76	purpose of ensuring border security;
77	77	(9) if the image is captured by state or local law
78	78	enforcement authorities, or a person who is under contract with or
79	79	otherwise acting under the direction or on behalf of state
80	80	authorities, for the purpose of:
81	81	(A) surveying the scene of a catastrophe or other
82	82	damage to determine whether a state of emergency should be
83	83	declared;
84	84	(B) preserving public safety, protecting
85	85	property, or surveying damage or contamination during a lawfully
86	86	declared state of emergency; or
87	87	(C) conducting routine air quality sampling and
88	88	monitoring, as provided by state or local law;
89	89	(10) at the scene of a spill, or a suspected spill, of
90	90	hazardous materials;
91	91	(11) for the purpose of fire suppression;
92	92	(12) for the purpose of rescuing a person whose life or
93	93	well-being is in imminent danger;
94	94	(13) if the image is captured by a Texas licensed real
95	95	estate broker in connection with the marketing, sale, or financing
96	96	of real property, provided that no individual is identifiable in
97	97	the image;
98	98	(14) from a height no more than eight feet above ground
99	99	level in a public place, if the image was captured without using any
100	100	electronic, mechanical, or other means to amplify the image beyond
101	101	normal human perception;
102	102	(15) of public real property or a person on that
103	103	property;
104	104	(16) if the image is captured by the owner or operator
105	105	of an oil, gas, water, or other pipeline for the purpose of
106	106	inspecting, maintaining, or repairing pipelines or other related
107	107	facilities, and is captured without the intent to conduct
108	108	surveillance on an individual or real property located in this
109	109	state;
110	110	(17) in connection with oil pipeline safety and rig
111	111	protection;
112	112	(18) in connection with port authority surveillance
113	113	and security;
114	114	(19) if the image is captured by a registered
115	115	professional land surveyor in connection with the practice of
116	116	professional surveying, as those terms are defined by Section
117	117	1071.002, Occupations Code, provided that no individual is
118	118	identifiable in the image;
119	119	(20) if the image is captured by a professional
120	120	engineer licensed under Subchapter G, Chapter 1001, Occupations
121	121	Code, in connection with the practice of engineering, as defined by
122	122	Section 1001.003, Occupations Code, provided that no individual is
123	123	identifiable in the image; or
124	124	(21) if:
125	125	(A) the image is captured by an employee of an
126	126	insurance company or of an affiliate of the company in connection
127	127	with the underwriting of an insurance policy, or the rating or
128	128	adjusting of an insurance claim, regarding real property or a
129	129	structure on real property; and
130	130	(B) the operator of the unmanned aircraft is
131	131	authorized by the Federal Aviation Administration to conduct
132	132	operations within the airspace from which the image is captured.
133	133	SECTION 2. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2023.
138	138	______________________________ ______________________________
139	139	President of the Senate Speaker of the House
140	140	I hereby certify that S.B. No. 423 passed the Senate on
141	141	April 12, 2023, by the following vote: Yeas 30, Nays 1; and that
142	142	the Senate concurred in House amendment on May 4, 2023, by the
143	143	following vote: Yeas 30, Nays 1.
144	144	______________________________
145	145	Secretary of the Senate
146	146	I hereby certify that S.B. No. 423 passed the House, with
147	147	amendment, on April 26, 2023, by the following vote: Yeas 142,
148	148	Nays 0, one present not voting.
149	149	______________________________
150	150	Chief Clerk of the House
151	151	Approved:
152	152	______________________________
153	153	Date
154	154	______________________________
155	155	Governor