Relating to criminal and civil liability for disabling, damaging, or destroying an unmanned aircraft.
Impact
With the introduction of this bill, the legal landscape regarding drone and unmanned aircraft operations in Texas might shift significantly. The bill aims to clarify the legal liabilities associated with the use of firearms against drones that are perceived as unauthorized by property owners. This could potentially discourage unlawful drone use near private properties while providing a legal safeguard for property owners acting within their rights to protect their property. The effective date of the bill is set for September 1, 2025, meaning these legal protections would not be immediately enforceable.
Summary
House Bill 2916 proposes amendments to the Government Code, specifically introducing a new section that addresses criminal and civil liability concerning the disabling, damaging, or destroying of unmanned aircraft. The bill stipulates that if a person is on property they own or legally occupy and uses a legally possessed firearm to disable an unmanned aircraft, they can defend themselves against prosecution for property damage. This provision allows for an affirmative defense, implying that certain conditions must be met for this defense to be applicable.
Contention
The bill may generate debate over property rights versus emerging technologies, like drones. Opponents may argue that such a law could lead to misuse or overreach on the part of property owners who may perceive any drone as a threat, potentially leading to unjustified firearm use. Conversely, supporters are likely to emphasize the importance of property rights and the need for individuals to protect their property from unauthorized surveillance or interference. The implications of this bill highlight the need for careful consideration of how new laws interact with existing regulations on property and technology.
Texas Constitutional Statutes Affected
Government Code
Chapter 423. Use Of Unmanned Aircraft
Section: New Section
Penal Code
Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.