By: Birdwell S.B. No. 1197
A BILL TO BE ENTITLED
AN ACT
relating to the operation of an unmanned aircraft over a spaceport;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 42.15, Penal Code, is
amended to read as follows:
Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT,
[OR] MILITARY INSTALLATION, OR SPACEPORT.
SECTION 2. Section 42.15(a), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Spaceport" means any property or facility that
is:
(A) used for the launch, landing, or recovery of
spacecraft, as defined by Section 507.001, Local Government Code;
and
(B) licensed by the Federal Aviation
Administration or operated by a spaceport development corporation
under Chapter 507, Local Government Code.
SECTION 3. Sections 42.15(b) and (c), Penal Code, are
amended to read as follows:
(b) A person commits an offense if the person intentionally
or knowingly:
(1) operates an unmanned aircraft over an airport,
[or] military installation, or spaceport;
(2) allows an unmanned aircraft to make contact with
an airport, [or] military installation, or spaceport, including any
person or object on the premises of or within the airport, [or]
military installation, or spaceport; or
(3) operates an unmanned aircraft in a manner that
interferes with the operations of or causes a disturbance to an
airport, [or] military installation, or spaceport.
(c) It is a defense to prosecution under this section that
the conduct described by Subsection (b) was engaged in by:
(1) the federal government, this state, or a
governmental entity;
(2) a person under contract with or otherwise acting
under the direction or on behalf of the federal government, this
state, or a governmental entity;
(3) a law enforcement agency;
(4) a person under contract with or otherwise acting
under the direction or on behalf of a law enforcement agency;
(5) an owner or operator of the airport, [or] military
installation, or spaceport;
(6) a person under contract with or otherwise acting
under the direction or on behalf of an owner or operator of the
airport, [or] military installation, or spaceport;
(7) a person who has the prior written or electronic
authorization of:
(A) the owner or operator of the airport, [or]
military installation, or spaceport; or
(B) the Federal Aviation Administration; or
(8) the owner or occupant of the property on which the
airport, [or] military installation, or spaceport is located or a
person who has the prior written consent of the owner or occupant of
that property.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2025.