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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of operation of an |
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unmanned aircraft over certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 423.0045(a)(1-a), Government Code, is |
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amended to read as follows: |
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(1-a) "Critical infrastructure facility" means: |
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(A) one of the following, if completely enclosed |
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by a fence or other physical barrier that is obviously designed to |
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exclude intruders, or if clearly marked with a sign or signs that |
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are posted on the property, are reasonably likely to come to the |
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attention of intruders, and indicate that entry is forbidden: |
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(i) a petroleum or alumina refinery; |
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(ii) an electrical power generating |
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facility, substation, switching station, or electrical control |
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center; |
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(iii) a chemical, polymer, or rubber |
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manufacturing facility; |
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(iv) a water intake structure, water |
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treatment facility, wastewater treatment plant, or pump station; |
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(v) a natural gas compressor station; |
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(vi) a liquid natural gas terminal or |
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storage facility; |
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(vii) a telecommunications central |
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switching office or any structure used as part of a system to |
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provide wired or wireless telecommunications services; |
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(viii) a port, a public or private airport |
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depicted in any current aeronautical chart published by the Federal |
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Aviation Administration, a railroad switching yard, a trucking |
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terminal, or any other freight transportation facility; |
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(ix) a gas processing plant, including a |
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plant used in the processing, treatment, or fractionation of |
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natural gas; |
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(x) a transmission facility used by a |
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federally licensed radio or television station; |
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(xi) a steelmaking facility that uses an |
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electric arc furnace to make steel; |
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(xii) a dam that is classified as a high |
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hazard by the Texas Commission on Environmental Quality; [or] |
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(xiii) a concentrated animal feeding |
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operation, as defined by Section 26.048, Water Code; or |
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(xiv) a military installation owned or |
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operated by or for the federal government, the state, or another |
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governmental entity; or |
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(B) if enclosed by a fence or other physical |
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barrier obviously designed to exclude intruders: |
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(i) any portion of an aboveground oil, gas, |
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or chemical pipeline; |
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(ii) an oil or gas drilling site; |
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(iii) a group of tanks used to store crude |
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oil, such as a tank battery; |
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(iv) an oil, gas, or chemical production |
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facility; |
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(v) an oil or gas wellhead; or |
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(vi) any oil and gas facility that has an |
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active flare. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |
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