| 1 | 1 | | 89R10384 JCG-D |
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| 2 | 2 | | By: Leach H.B. No. 2916 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to criminal and civil liability for disabling, damaging, |
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| 10 | 10 | | or destroying an unmanned aircraft. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 423, Government Code, is amended by |
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| 13 | 13 | | adding Section 423.010 to read as follows: |
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| 14 | 14 | | Sec. 423.010. AFFIRMATIVE DEFENSE: DISABLING, DAMAGING, OR |
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| 15 | 15 | | DESTROYING UNMANNED AIRCRAFT. It is an affirmative defense to |
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| 16 | 16 | | prosecution for an offense involving damage or destruction of |
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| 17 | 17 | | property under Section 28.03 or 28.04, Penal Code, or to civil |
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| 18 | 18 | | liability for the damage or destruction of an unmanned aircraft |
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| 19 | 19 | | that the person: |
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| 20 | 20 | | (1) was on property owned or legally occupied by the |
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| 21 | 21 | | person; |
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| 22 | 22 | | (2) used a firearm legally possessed by the person to |
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| 23 | 23 | | disable, damage, or destroy an unmanned aircraft that the person |
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| 24 | 24 | | did not authorize to be on or over the property; and |
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| 25 | 25 | | (3) was not prohibited from discharging the firearm |
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| 26 | 26 | | under Section 42.12, Penal Code, other law or local regulation, or a |
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| 27 | 27 | | dedicatory instrument governing use of the property. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to conduct that occurs on or after the effective date of this Act. |
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| 30 | 30 | | Conduct that occurs before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect on the date the conduct occurred, and |
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| 32 | 32 | | the former law is continued in effect for that purpose. For |
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| 33 | 33 | | purposes of this section, conduct occurs before the effective date |
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| 34 | 34 | | of this Act if any element of the conduct occurs before the |
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| 35 | 35 | | effective date. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2025. |
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