Texas 2025 - 89th Regular

Texas House Bill HB1285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Geren H.B. No. 1285
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6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8	6		relating to inspections and examinations by the Railroad Commission
9	7		of Texas of certain sites and facilities conducted using unmanned
10	8		aircraft.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 423.002(a), Government Code, is amended
13	11		to read as follows:
14	12		(a) It is lawful to capture an image using an unmanned
15	13		aircraft in this state:
16	14		(1) for the purpose of professional or scholarly
17	15		research and development or for another academic purpose by a
18	16		person acting on behalf of an institution of higher education or a
19	17		private or independent institution of higher education, as those
20	18		terms are defined by Section 61.003, Education Code, including a
21	19		person who:
22	20		(A) is a professor, employee, or student of the
23	21		institution; or
24	22		(B) is under contract with or otherwise acting
25	23		under the direction or on behalf of the institution;
26	24		(2) in airspace designated as a test site or range
27	25		authorized by the Federal Aviation Administration for the purpose
28	26		of integrating unmanned aircraft systems into the national
29	27		airspace;
30	28		(3) as part of an operation, exercise, or mission of
31		-	any branch of:
32		-	(A) the United States military; or
33		-	(B) the Texas military forces as defined by
34		-	Section 437.001;
	29	+	any branch of the United States military;
35	30		(4) if the image is captured by a satellite for the
36	31		purposes of mapping;
37	32		(5) if the image is captured by or for an electric or
38	33		natural gas utility or a telecommunications provider:
39	34		(A) for operations and maintenance of utility or
40	35		telecommunications facilities for the purpose of maintaining
41	36		utility or telecommunications system reliability and integrity;
42	37		(B) for inspecting utility or telecommunications
43	38		facilities to determine repair, maintenance, or replacement needs
44	39		during and after construction of such facilities;
45	40		(C) for assessing vegetation growth for the
46	41		purpose of maintaining clearances on utility or telecommunications
47	42		easements; and
48	43		(D) for utility or telecommunications facility
49	44		routing and siting for the purpose of providing utility or
50	45		telecommunications service;
51	46		(6) with the consent of the individual who owns or
52	47		lawfully occupies the real property captured in the image;
53	48		(7) pursuant to a valid search or arrest warrant;
54	49		(8) if the image is captured by a law enforcement
55	50		authority or a person who is under contract with or otherwise acting
56	51		under the direction or on behalf of a law enforcement authority:
57	52		(A) in immediate pursuit of a person law
58	53		enforcement officers have reasonable suspicion or probable cause to
59	54		suspect has committed an offense, not including misdemeanors or
60	55		offenses punishable by a fine only;
61	56		(B) for the purpose of documenting a crime scene
62	57		where an offense, not including misdemeanors or offenses punishable
63	58		by a fine only, has been committed;
64	59		(C) for the purpose of investigating the scene
65	60		of:
66	61		(i) a human fatality;
67		-	(ii) a motor vehicle ~~collision~~ causing
68		-	~~death~~ or serious bodily injury to a person; or
69		-	(iii) any motor vehicle ~~collision~~ on a
70		-	~~state~~ highway or federal interstate or highway;
	62	+	(ii) a motor vehicle accident causing death
	63	+	or serious bodily injury to a person; or
	64	+	(iii) any motor vehicle accident on a state
	65	+	highway or federal interstate or highway;
71	66		(D) in connection with the search for a missing
72	67		person;
73	68		(E) for the purpose of conducting a high-risk
74	69		tactical operation that poses a threat to human life;
75	70		(F) of private property that is generally open to
76	71		the public where the property owner consents to law enforcement
77	72		public safety responsibilities; or
78	73		(G) of real property or a person on real property
79	74		that is within 25 miles of the United States border for the sole
80	75		purpose of ensuring border security;
81	76		(9) if the image is captured by state or local law
82	77		enforcement authorities, or a person who is under contract with or
83	78		otherwise acting under the direction or on behalf of state
84	79		authorities, for the purpose of:
85	80		(A) surveying the scene of a catastrophe or other
86	81		damage to determine whether a state of emergency should be
87	82		declared;
88	83		(B) preserving public safety, protecting
89	84		property, or surveying damage or contamination during a lawfully
90	85		declared state of emergency; or
91	86		(C) conducting routine air quality sampling and
92	87		monitoring, as provided by state or local law;
93	88		(10) at the scene of a spill, or a suspected spill, of
94	89		hazardous materials;
95	90		(11) for the purpose of fire suppression;
96	91		(12) for the purpose of rescuing a person whose life or
97	92		well-being is in imminent danger;
98	93		(13) if the image is captured by a Texas licensed real
99	94		estate broker in connection with the marketing, sale, or financing
100	95		of real property, provided that no individual is identifiable in
101	96		the image;
102	97		(14) from a height no more than eight feet above ground
103	98		level in a public place, if the image was captured without using any
104	99		electronic, mechanical, or other means to amplify the image beyond
105	100		normal human perception;
106	101		(15) of public real property or a person on that
107	102		property;
108	103		(16) if the image is captured by the owner or operator
109	104		of an oil, gas, water, or other pipeline for the purpose of
110	105		inspecting, maintaining, or repairing pipelines or other related
111	106		facilities, and is captured without the intent to conduct
112	107		surveillance on an individual or real property located in this
113	108		state;
114	109		(17) in connection with oil pipeline safety and rig
115	110		protection;
116	111		(18) in connection with port authority surveillance
117	112		and security;
118	113		(19) if the image is captured by a registered
119	114		professional land surveyor in connection with the practice of
120	115		professional surveying, as those terms are defined by Section
121	116		1071.002, Occupations Code, provided that no individual is
122	117		identifiable in the image;
123	118		(20) if the image is captured by a professional
124	119		engineer licensed under Subchapter G, Chapter 1001, Occupations
125	120		Code, in connection with the practice of engineering, as defined by
126	121		Section 1001.003, Occupations Code, provided that no individual is
127	122		identifiable in the image; [or]
128	123		(21) if:
129	124		(A) the image is captured by an employee of an
130	125		insurance company or of an affiliate of the company in connection
131	126		with the underwriting of an insurance policy, or the rating or
132	127		adjusting of an insurance claim, regarding real property or a
133	128		structure on real property; and
134	129		(B) the operator of the unmanned aircraft is
135	130		authorized by the Federal Aviation Administration to conduct
136	131		operations within the airspace from which the image is captured; or
137	132		(22) if the image is captured by the Railroad
138	133		Commission of Texas or an agent, servant, or employee of the
139	134		commission in connection with the inspection and examination of:
140	135		(A) an oil or gas site or facility, including a
141	136		well, tank, or disposal or injection site;
142	137		(B) a pipeline facility; or
143	138		(C) a surface mining site.
144	139		SECTION 2. Section 88.091, Natural Resources Code, is
145	140		amended to read as follows:
146	141		Sec. 88.091. ACCESS TO PROPERTY AND RECORDS. The
147	142		governmental agency shall have access at all times to:
148	143		(1) the oil property of all persons for inspection and
149	144		examination, including for inspection and examination by unmanned
150	145		aircraft; and
151	146		(2) the records of all these persons for inspection,
152	147		examination, and audit.
153	148		SECTION 3. This Act takes effect immediately if it receives
154	149		a vote of two-thirds of all the members elected to each house, as
155	150		provided by Section 39, Article III, Texas Constitution. If this
156	151		Act does not receive the vote necessary for immediate effect, this
157	152		Act takes effect September 1, 2025.