| 1 | 1 | | 89R11125 MEW-F |
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| 2 | 2 | | By: Capriglione H.B. No. 3662 |
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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 the operation of an unmanned aircraft over a public |
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| 10 | 10 | | school instructional facility; 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. Chapter 423, Government Code, is amended by |
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| 13 | 13 | | adding Section 423.0047 to read as follows: |
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| 14 | 14 | | Sec. 423.0047. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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| 15 | 15 | | PUBLIC SCHOOL INSTRUCTIONAL FACILITY. (a) In this section, |
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| 16 | 16 | | "instructional facility" has the meaning assigned by Section |
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| 17 | 17 | | 46.001, Education Code. |
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| 18 | 18 | | (b) A person commits an offense if the person knowingly |
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| 19 | 19 | | operates an unmanned aircraft over an instructional facility owned |
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| 20 | 20 | | or leased by a school district or open-enrollment charter school. |
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| 21 | 21 | | (c) This section does not apply to conduct described by |
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| 22 | 22 | | Subsection (b) that is engaged in by: |
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| 23 | 23 | | (1) the federal government, the state, a governmental |
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| 24 | 24 | | entity, or a law enforcement agency; |
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| 25 | 25 | | (2) a person under contract with or otherwise acting |
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| 26 | 26 | | under the direction of or on behalf of the federal government, the |
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| 27 | 27 | | state, a governmental entity, or a law enforcement agency; |
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| 28 | 28 | | (3) an operator of an unmanned aircraft that is being |
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| 29 | 29 | | used for a commercial purpose, if: |
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| 30 | 30 | | (A) the operation is conducted in compliance with |
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| 31 | 31 | | all applicable Federal Aviation Administration rules, |
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| 32 | 32 | | restrictions, and exemptions; and |
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| 33 | 33 | | (B) the operator obtains all required Federal |
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| 34 | 34 | | Aviation Administration authorizations; |
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| 35 | 35 | | (4) a person who has the prior written consent of the |
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| 36 | 36 | | principal, the vice principal, or a school resource officer or |
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| 37 | 37 | | peace officer assigned to the instructional facility; or |
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| 38 | 38 | | (5) a person who is younger than 14 years of age. |
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| 39 | 39 | | (d) If the principal, the vice principal, or a school |
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| 40 | 40 | | resource officer or peace officer assigned to an instructional |
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| 41 | 41 | | facility witnesses the operation of an unmanned aircraft over the |
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| 42 | 42 | | instructional facility, the principal, vice principal, or officer |
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| 43 | 43 | | may temporarily take possession of the unmanned aircraft for the |
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| 44 | 44 | | purpose of providing the unmanned aircraft to a local law |
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| 45 | 45 | | enforcement agency as evidence of an offense under Subsection (b). |
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| 46 | 46 | | (e) A judge having jurisdiction of an offense under |
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| 47 | 47 | | Subsection (b) may dismiss a charge for an offense described by that |
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| 48 | 48 | | subsection if: |
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| 49 | 49 | | (1) the defendant is younger than 17 years of age at |
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| 50 | 50 | | the time of the offense; and |
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| 51 | 51 | | (2) the judge finds that the defendant did not |
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| 52 | 52 | | intentionally commit the offense. |
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| 53 | 53 | | (f) Before dismissing a charge under Subsection (e), the |
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| 54 | 54 | | judge shall issue to the defendant a warning and refer the defendant |
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| 55 | 55 | | to an educational program on drone safety and aviation laws. |
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| 56 | 56 | | (g) An offense under this section is a Class C misdemeanor, |
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| 57 | 57 | | except that the offense is a Class B misdemeanor if the actor has |
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| 58 | 58 | | previously been convicted under: |
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| 59 | 59 | | (1) this section; |
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| 60 | 60 | | (2) Section 423.0045; or |
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| 61 | 61 | | (3) Section 423.0046. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2025. |
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