1 | 1 | | By: Parker S.B. No. 3010 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to certain images captured by an unmanned aircraft for |
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9 | 9 | | purposes of news-gathering. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 423.002(a), Government Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | (a) It is lawful to capture an image using an unmanned |
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14 | 14 | | aircraft in this state: |
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15 | 15 | | (1) for the purpose of professional or scholarly |
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16 | 16 | | research and development or for another academic purpose by a |
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17 | 17 | | person acting on behalf of an institution of higher education or a |
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18 | 18 | | private or independent institution of higher education, as those |
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19 | 19 | | terms are defined by Section 61.003, Education Code, including a |
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20 | 20 | | person who: |
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21 | 21 | | (A) is a professor, employee, or student of the |
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22 | 22 | | institution; or |
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23 | 23 | | (B) is under contract with or otherwise acting |
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24 | 24 | | under the direction or on behalf of the institution; |
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25 | 25 | | (2) in airspace designated as a test site or range |
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26 | 26 | | authorized by the Federal Aviation Administration for the purpose |
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27 | 27 | | of integrating unmanned aircraft systems into the national |
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28 | 28 | | airspace; |
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29 | 29 | | (3) as part of an operation, exercise, or mission of |
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30 | 30 | | any branch of: |
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31 | 31 | | (A) the United States military; or |
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32 | 32 | | (B) the Texas military forces as defined by |
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33 | 33 | | Section 437. 001; |
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34 | 34 | | (4) if the image is captured by a satellite for the |
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35 | 35 | | purposes of mapping; |
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36 | 36 | | (5) if the image is captured by or for an electric or |
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37 | 37 | | natural gas utility or a telecommunications provider: |
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38 | 38 | | (A) for operations and maintenance of utility or |
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39 | 39 | | telecommunications facilities for the purpose of maintaining |
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40 | 40 | | utility or telecommunications system reliability and integrity; |
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41 | 41 | | (B) for inspecting utility or telecommunications |
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42 | 42 | | facilities to determine repair, maintenance, or replacement needs |
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43 | 43 | | during and after construction of such facilities; |
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44 | 44 | | (C) for assessing vegetation growth for the |
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45 | 45 | | purpose of maintaining clearances on utility or telecommunications |
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46 | 46 | | easements; and |
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47 | 47 | | (D) for utility or telecommunications facility |
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48 | 48 | | routing and siting for the purpose of providing utility or |
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49 | 49 | | telecommunications service; |
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50 | 50 | | (6) with the consent of the individual who owns or |
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51 | 51 | | lawfully occupies the real property captured in the image; |
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52 | 52 | | (7) pursuant to a valid search or arrest warrant; |
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53 | 53 | | (8) if the image is captured by a law enforcement |
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54 | 54 | | authority or a person who is under contract with or otherwise acting |
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55 | 55 | | under the direction or on behalf of a law enforcement authority: |
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56 | 56 | | (A) in immediate pursuit of a person law |
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57 | 57 | | enforcement officers have reasonable suspicion or probable cause to |
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58 | 58 | | suspect has committed an offense, not including misdemeanors or |
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59 | 59 | | offenses punishable by a fine only; |
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60 | 60 | | (B) for the purpose of documenting a crime scene |
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61 | 61 | | where an offense, not including misdemeanors or offenses punishable |
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62 | 62 | | by a fine only, has been committed; |
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63 | 63 | | (C) for the purpose of investigating the scene |
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64 | 64 | | of: |
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65 | 65 | | (i) a human fatality; |
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66 | 66 | | (ii) a motor vehicle collision causing |
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67 | 67 | | death or serious bodily injury to a person; or |
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68 | 68 | | (iii) any motor vehicle collision on a |
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69 | 69 | | state highway or federal interstate or highway; |
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70 | 70 | | (D) in connection with the search for a missing |
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71 | 71 | | person; |
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72 | 72 | | (E) for the purpose of conducting a high-risk |
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73 | 73 | | tactical operation that poses a threat to human life; |
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74 | 74 | | (F) of private property that is generally open to |
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75 | 75 | | the public where the property owner consents to law enforcement |
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76 | 76 | | public safety responsibilities; or |
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77 | 77 | | (G) of real property or a person on real property |
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78 | 78 | | that is within 25 miles of the United States border for the sole |
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79 | 79 | | purpose of ensuring border security; |
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80 | 80 | | (9) if the image is captured by state or local law |
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81 | 81 | | enforcement authorities, or a person who is under contract with or |
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82 | 82 | | otherwise acting under the direction or on behalf of state |
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83 | 83 | | authorities, for the purpose of: |
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84 | 84 | | (A) surveying the scene of a catastrophe or other |
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85 | 85 | | damage to determine whether a state of emergency should be |
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86 | 86 | | declared; |
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87 | 87 | | (B) preserving public safety, protecting |
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88 | 88 | | property, or surveying damage or contamination during a lawfully |
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89 | 89 | | declared state of emergency; or |
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90 | 90 | | (C) conducting routine air quality sampling and |
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91 | 91 | | monitoring, as provided by state or local law; |
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92 | 92 | | (10) at the scene of a spill, or a suspected spill, of |
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93 | 93 | | hazardous materials; |
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94 | 94 | | (11) for the purpose of fire suppression; |
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95 | 95 | | (12) for the purpose of rescuing a person whose life or |
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96 | 96 | | well-being is in imminent danger; |
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97 | 97 | | (13) if the image is captured by a Texas licensed real |
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98 | 98 | | estate broker in connection with the marketing, sale, or financing |
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99 | 99 | | of real property, provided that no individual is identifiable in |
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100 | 100 | | the image; |
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101 | 101 | | (14) from a height no more than eight feet above ground |
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102 | 102 | | level in a public place, if the image was captured without using any |
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103 | 103 | | electronic, mechanical, or other means to amplify the image beyond |
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104 | 104 | | normal human perception; |
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105 | 105 | | (15) of public real property or a person on that |
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106 | 106 | | property; |
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107 | 107 | | (16) if the image is captured by the owner or operator |
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108 | 108 | | of an oil, gas, water, or other pipeline for the purpose of |
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109 | 109 | | inspecting, maintaining, or repairing pipelines or other related |
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110 | 110 | | facilities, and is captured without the intent to conduct |
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111 | 111 | | surveillance on an individual or real property located in this |
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112 | 112 | | state; |
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113 | 113 | | (17) in connection with oil pipeline safety and rig |
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114 | 114 | | protection; |
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115 | 115 | | (18) in connection with port authority surveillance |
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116 | 116 | | and security; |
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117 | 117 | | (19) if the image is captured by a registered |
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118 | 118 | | professional land surveyor in connection with the practice of |
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119 | 119 | | professional surveying, as those terms are defined by Section |
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120 | 120 | | 1071.002, Occupations Code, provided that no individual is |
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121 | 121 | | identifiable in the image; |
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122 | 122 | | (20) if the image is captured by a professional |
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123 | 123 | | engineer licensed under Subchapter G, Chapter 1001, Occupations |
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124 | 124 | | Code, in connection with the practice of engineering, as defined by |
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125 | 125 | | Section 1001.003, Occupations Code, provided that no individual is |
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126 | 126 | | identifiable in the image; or |
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127 | 127 | | (21) if: |
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128 | 128 | | (A) the image is captured by an employee of an |
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129 | 129 | | insurance company or of an affiliate of the company in connection |
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130 | 130 | | with the underwriting of an insurance policy, or the rating or |
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131 | 131 | | adjusting of an insurance claim, regarding real property or a |
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132 | 132 | | structure on real property; and |
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133 | 133 | | (B) the operator of the unmanned aircraft is |
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134 | 134 | | authorized by the Federal Aviation Administration to conduct |
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135 | 135 | | operations within the airspace from which the image is captured; or |
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136 | 136 | | (22) if: |
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137 | 137 | | (A) the image is captured for the purpose of |
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138 | 138 | | news-gathering by: |
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139 | 139 | | (i) a radio or television broadcast station |
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140 | 140 | | licensed by the Federal Communications Commission; |
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141 | 141 | | (ii) a newspaper of general circulation |
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142 | 142 | | published in this state; or |
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143 | 143 | | (iii) another bona fide news organization; |
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144 | 144 | | and |
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145 | 145 | | (B) any identifiable person captured in the image |
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146 | 146 | | was not in a place where that person had a reasonable expectation |
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147 | 147 | | of privacy. |
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148 | 148 | | SECTION 2. This Act takes effect September 1, 2025. |
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