Texas 2025 - 89th Regular

Texas Senate Bill SB3010 Compare Versions

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11 By: Parker S.B. No. 3010
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to certain images captured by an unmanned aircraft for
99 purposes of news-gathering.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 423.002(a), Government Code, is amended to
1212 read as follows:
1313 (a) It is lawful to capture an image using an unmanned
1414 aircraft in this state:
1515 (1) for the purpose of professional or scholarly
1616 research and development or for another academic purpose by a
1717 person acting on behalf of an institution of higher education or a
1818 private or independent institution of higher education, as those
1919 terms are defined by Section 61.003, Education Code, including a
2020 person who:
2121 (A) is a professor, employee, or student of the
2222 institution; or
2323 (B) is under contract with or otherwise acting
2424 under the direction or on behalf of the institution;
2525 (2) in airspace designated as a test site or range
2626 authorized by the Federal Aviation Administration for the purpose
2727 of integrating unmanned aircraft systems into the national
2828 airspace;
2929 (3) as part of an operation, exercise, or mission of
3030 any branch of:
3131 (A) the United States military; or
3232 (B) the Texas military forces as defined by
3333 Section 437. 001;
3434 (4) if the image is captured by a satellite for the
3535 purposes of mapping;
3636 (5) if the image is captured by or for an electric or
3737 natural gas utility or a telecommunications provider:
3838 (A) for operations and maintenance of utility or
3939 telecommunications facilities for the purpose of maintaining
4040 utility or telecommunications system reliability and integrity;
4141 (B) for inspecting utility or telecommunications
4242 facilities to determine repair, maintenance, or replacement needs
4343 during and after construction of such facilities;
4444 (C) for assessing vegetation growth for the
4545 purpose of maintaining clearances on utility or telecommunications
4646 easements; and
4747 (D) for utility or telecommunications facility
4848 routing and siting for the purpose of providing utility or
4949 telecommunications service;
5050 (6) with the consent of the individual who owns or
5151 lawfully occupies the real property captured in the image;
5252 (7) pursuant to a valid search or arrest warrant;
5353 (8) if the image is captured by a law enforcement
5454 authority or a person who is under contract with or otherwise acting
5555 under the direction or on behalf of a law enforcement authority:
5656 (A) in immediate pursuit of a person law
5757 enforcement officers have reasonable suspicion or probable cause to
5858 suspect has committed an offense, not including misdemeanors or
5959 offenses punishable by a fine only;
6060 (B) for the purpose of documenting a crime scene
6161 where an offense, not including misdemeanors or offenses punishable
6262 by a fine only, has been committed;
6363 (C) for the purpose of investigating the scene
6464 of:
6565 (i) a human fatality;
6666 (ii) a motor vehicle collision causing
6767 death or serious bodily injury to a person; or
6868 (iii) any motor vehicle collision on a
6969 state highway or federal interstate or highway;
7070 (D) in connection with the search for a missing
7171 person;
7272 (E) for the purpose of conducting a high-risk
7373 tactical operation that poses a threat to human life;
7474 (F) of private property that is generally open to
7575 the public where the property owner consents to law enforcement
7676 public safety responsibilities; or
7777 (G) of real property or a person on real property
7878 that is within 25 miles of the United States border for the sole
7979 purpose of ensuring border security;
8080 (9) if the image is captured by state or local law
8181 enforcement authorities, or a person who is under contract with or
8282 otherwise acting under the direction or on behalf of state
8383 authorities, for the purpose of:
8484 (A) surveying the scene of a catastrophe or other
8585 damage to determine whether a state of emergency should be
8686 declared;
8787 (B) preserving public safety, protecting
8888 property, or surveying damage or contamination during a lawfully
8989 declared state of emergency; or
9090 (C) conducting routine air quality sampling and
9191 monitoring, as provided by state or local law;
9292 (10) at the scene of a spill, or a suspected spill, of
9393 hazardous materials;
9494 (11) for the purpose of fire suppression;
9595 (12) for the purpose of rescuing a person whose life or
9696 well-being is in imminent danger;
9797 (13) if the image is captured by a Texas licensed real
9898 estate broker in connection with the marketing, sale, or financing
9999 of real property, provided that no individual is identifiable in
100100 the image;
101101 (14) from a height no more than eight feet above ground
102102 level in a public place, if the image was captured without using any
103103 electronic, mechanical, or other means to amplify the image beyond
104104 normal human perception;
105105 (15) of public real property or a person on that
106106 property;
107107 (16) if the image is captured by the owner or operator
108108 of an oil, gas, water, or other pipeline for the purpose of
109109 inspecting, maintaining, or repairing pipelines or other related
110110 facilities, and is captured without the intent to conduct
111111 surveillance on an individual or real property located in this
112112 state;
113113 (17) in connection with oil pipeline safety and rig
114114 protection;
115115 (18) in connection with port authority surveillance
116116 and security;
117117 (19) if the image is captured by a registered
118118 professional land surveyor in connection with the practice of
119119 professional surveying, as those terms are defined by Section
120120 1071.002, Occupations Code, provided that no individual is
121121 identifiable in the image;
122122 (20) if the image is captured by a professional
123123 engineer licensed under Subchapter G, Chapter 1001, Occupations
124124 Code, in connection with the practice of engineering, as defined by
125125 Section 1001.003, Occupations Code, provided that no individual is
126126 identifiable in the image; or
127127 (21) if:
128128 (A) the image is captured by an employee of an
129129 insurance company or of an affiliate of the company in connection
130130 with the underwriting of an insurance policy, or the rating or
131131 adjusting of an insurance claim, regarding real property or a
132132 structure on real property; and
133133 (B) the operator of the unmanned aircraft is
134134 authorized by the Federal Aviation Administration to conduct
135135 operations within the airspace from which the image is captured; or
136136 (22) if:
137137 (A) the image is captured for the purpose of
138138 news-gathering by:
139139 (i) a radio or television broadcast station
140140 licensed by the Federal Communications Commission;
141141 (ii) a newspaper of general circulation
142142 published in this state; or
143143 (iii) another bona fide news organization;
144144 and
145145 (B) any identifiable person captured in the image
146146 was not in a place where that person had a reasonable expectation
147147 of privacy.
148148 SECTION 2. This Act takes effect September 1, 2025.