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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 the operation of an unmanned aircraft over a spaceport; |
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10 | 10 | | creating a criminal offense. |
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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. The heading to Section 42.15, Penal Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT, |
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15 | 15 | | [OR] MILITARY INSTALLATION, OR SPACEPORT. |
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16 | 16 | | SECTION 2. Section 42.15(a), Penal Code, is amended by |
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17 | 17 | | adding Subdivision (3) to read as follows: |
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18 | 18 | | (3) "Spaceport" means any property or facility that |
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19 | 19 | | is: |
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20 | 20 | | (A) used for the launch, landing, or recovery of |
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21 | 21 | | spacecraft, as defined by Section 507.001, Local Government Code; |
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22 | 22 | | and |
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23 | 23 | | (B) licensed by the Federal Aviation |
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24 | 24 | | Administration or operated by a spaceport development corporation |
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25 | 25 | | under Chapter 507, Local Government Code. |
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26 | 26 | | SECTION 3. Sections 42.15(b) and (c), Penal Code, are |
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27 | 27 | | amended to read as follows: |
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28 | 28 | | (b) A person commits an offense if the person intentionally |
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29 | 29 | | or knowingly: |
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30 | 30 | | (1) operates an unmanned aircraft over an airport, |
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31 | 31 | | [or] military installation, or spaceport; |
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32 | 32 | | (2) allows an unmanned aircraft to make contact with |
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33 | 33 | | an airport, [or] military installation, or spaceport, including any |
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34 | 34 | | person or object on the premises of or within the airport, [or] |
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35 | 35 | | military installation, or spaceport; or |
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36 | 36 | | (3) operates an unmanned aircraft in a manner that |
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37 | 37 | | interferes with the operations of or causes a disturbance to an |
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38 | 38 | | airport, [or] military installation, or spaceport. |
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39 | 39 | | (c) It is a defense to prosecution under this section that |
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40 | 40 | | the conduct described by Subsection (b) was engaged in by: |
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41 | 41 | | (1) the federal government, this state, or a |
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42 | 42 | | governmental entity; |
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43 | 43 | | (2) a person under contract with or otherwise acting |
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44 | 44 | | under the direction or on behalf of the federal government, this |
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45 | 45 | | state, or a governmental entity; |
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46 | 46 | | (3) a law enforcement agency; |
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47 | 47 | | (4) a person under contract with or otherwise acting |
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48 | 48 | | under the direction or on behalf of a law enforcement agency; |
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49 | 49 | | (5) an owner or operator of the airport, [or] military |
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50 | 50 | | installation, or spaceport; |
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51 | 51 | | (6) a person under contract with or otherwise acting |
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52 | 52 | | under the direction or on behalf of an owner or operator of the |
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53 | 53 | | airport, [or] military installation, or spaceport; |
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54 | 54 | | (7) a person who has the prior written or electronic |
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55 | 55 | | authorization of: |
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56 | 56 | | (A) the owner or operator of the airport, [or] |
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57 | 57 | | military installation, or spaceport; or |
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58 | 58 | | (B) the Federal Aviation Administration; or |
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59 | 59 | | (8) the owner or occupant of the property on which the |
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60 | 60 | | airport, [or] military installation, or spaceport is located or a |
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61 | 61 | | person who has the prior written consent of the owner or occupant of |
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62 | 62 | | that property. |
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63 | 63 | | SECTION 4. The change in law made by this Act applies only |
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64 | 64 | | to an offense committed on or after the effective date of this Act. |
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65 | 65 | | An offense committed before the effective date of this Act is |
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66 | 66 | | governed by the law in effect on the date the offense was committed, |
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67 | 67 | | and the former law is continued in effect for that purpose. For |
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68 | 68 | | purposes of this section, an offense was committed before the |
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69 | 69 | | effective date of this Act if any element of the offense occurred |
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70 | 70 | | before that date. |
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71 | 71 | | SECTION 5. This Act takes effect September 1, 2025. |
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