Texas 2025 - 89th Regular

Texas House Bill HB4436 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Louderback H.B. No. 4436
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to certain images captured by an unmanned aircraft for
7	9		purposes of news-gathering.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 423.002(a), Government Code, is amended
10	12		to read as follows:
11	13		(a) It is lawful to capture an image using an unmanned
12	14		aircraft in this state:
13	15		(1) for the purpose of professional or scholarly
14	16		research and development or for another academic purpose by a
15	17		person acting on behalf of an institution of higher education or a
16	18		private or independent institution of higher education, as those
17	19		terms are defined by Section 61.003, Education Code, including a
18	20		person who:
19	21		(A) is a professor, employee, or student of the
20	22		institution; or
21	23		(B) is under contract with or otherwise acting
22	24		under the direction or on behalf of the institution;
23	25		(2) in airspace designated as a test site or range
24	26		authorized by the Federal Aviation Administration for the purpose
25	27		of integrating unmanned aircraft systems into the national
26	28		airspace;
27	29		(3) as part of an operation, exercise, or mission of
28	30		any branch of:
29	31		(A) the United States military; or
30	32		(B) the Texas military forces as defined by
31	33		Section 437.001;
32	34		(4) if the image is captured by a satellite for the
33	35		purposes of mapping;
34	36		(5) if the image is captured by or for an electric or
35	37		natural gas utility or a telecommunications provider:
36	38		(A) for operations and maintenance of utility or
37	39		telecommunications facilities for the purpose of maintaining
38	40		utility or telecommunications system reliability and integrity;
39	41		(B) for inspecting utility or telecommunications
40	42		facilities to determine repair, maintenance, or replacement needs
41	43		during and after construction of such facilities;
42	44		(C) for assessing vegetation growth for the
43	45		purpose of maintaining clearances on utility or telecommunications
44	46		easements; and
45	47		(D) for utility or telecommunications facility
46	48		routing and siting for the purpose of providing utility or
47	49		telecommunications service;
48	50		(6) with the consent of the individual who owns or
49	51		lawfully occupies the real property captured in the image;
50	52		(7) pursuant to a valid search or arrest warrant;
51	53		(8) if the image is captured by a law enforcement
52	54		authority or a person who is under contract with or otherwise acting
53	55		under the direction or on behalf of a law enforcement authority:
54	56		(A) in immediate pursuit of a person law
55	57		enforcement officers have reasonable suspicion or probable cause to
56	58		suspect has committed an offense, not including misdemeanors or
57	59		offenses punishable by a fine only;
58	60		(B) for the purpose of documenting a crime scene
59	61		where an offense, not including misdemeanors or offenses punishable
60	62		by a fine only, has been committed;
61	63		(C) for the purpose of investigating the scene
62	64		of:
63	65		(i) a human fatality;
64	66		(ii) a motor vehicle collision causing
65	67		death or serious bodily injury to a person; or
66	68		(iii) any motor vehicle collision on a
67	69		state highway or federal interstate or highway;
68	70		(D) in connection with the search for a missing
69	71		person;
70	72		(E) for the purpose of conducting a high-risk
71	73		tactical operation that poses a threat to human life;
72	74		(F) of private property that is generally open to
73	75		the public where the property owner consents to law enforcement
74	76		public safety responsibilities; or
75	77		(G) of real property or a person on real property
76	78		that is within 25 miles of the United States border for the sole
77	79		purpose of ensuring border security;
78	80		(9) if the image is captured by state or local law
79	81		enforcement authorities, or a person who is under contract with or
80	82		otherwise acting under the direction or on behalf of state
81	83		authorities, for the purpose of:
82	84		(A) surveying the scene of a catastrophe or other
83	85		damage to determine whether a state of emergency should be
84	86		declared;
85	87		(B) preserving public safety, protecting
86	88		property, or surveying damage or contamination during a lawfully
87	89		declared state of emergency; or
88	90		(C) conducting routine air quality sampling and
89	91		monitoring, as provided by state or local law;
90	92		(10) at the scene of a spill, or a suspected spill, of
91	93		hazardous materials;
92	94		(11) for the purpose of fire suppression;
93	95		(12) for the purpose of rescuing a person whose life or
94	96		well-being is in imminent danger;
95	97		(13) if the image is captured by a Texas licensed real
96	98		estate broker in connection with the marketing, sale, or financing
97	99		of real property, provided that no individual is identifiable in
98	100		the image;
99	101		(14) from a height no more than eight feet above ground
100	102		level in a public place, if the image was captured without using any
101	103		electronic, mechanical, or other means to amplify the image beyond
102	104		normal human perception;
103	105		(15) of public real property or a person on that
104	106		property;
105	107		(16) if the image is captured by the owner or operator
106	108		of an oil, gas, water, or other pipeline for the purpose of
107	109		inspecting, maintaining, or repairing pipelines or other related
108	110		facilities, and is captured without the intent to conduct
109	111		surveillance on an individual or real property located in this
110	112		state;
111	113		(17) in connection with oil pipeline safety and rig
112	114		protection;
113	115		(18) in connection with port authority surveillance
114	116		and security;
115	117		(19) if the image is captured by a registered
116	118		professional land surveyor in connection with the practice of
117	119		professional surveying, as those terms are defined by Section
118	120		1071.002, Occupations Code, provided that no individual is
119	121		identifiable in the image;
120	122		(20) if the image is captured by a professional
121	123		engineer licensed under Subchapter G, Chapter 1001, Occupations
122	124		Code, in connection with the practice of engineering, as defined by
123	125		Section 1001.003, Occupations Code, provided that no individual is
124	126		identifiable in the image; or
125	127		(21) if:
126	128		(A) the image is captured by an employee of an
127	129		insurance company or of an affiliate of the company in connection
128	130		with the underwriting of an insurance policy, or the rating or
129	131		adjusting of an insurance claim, regarding real property or a
130	132		structure on real property; and
131	133		(B) the operator of the unmanned aircraft is
132	134		authorized by the Federal Aviation Administration to conduct
133	135		operations within the airspace from which the image is captured; or
134	136		(22) if:
135	137		(A) the image is captured for the purpose of
136	138		news-gathering by:
137	139		(i) a radio or television broadcast
138	140		station licensed by the Federal Communications Commission;
139	141		(ii) a newspaper of general circulation
140	142		published in this state; or
141	143		(iii) another bona fide news organization;
142	144		and
143	145		(B) any identifiable person captured in the
144	146		image was not in a place where that person had a reasonable
145	147		expectation of privacy.
146	148		SECTION 2. This Act takes effect September 1, 2025.