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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of an unmanned aircraft over a |
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correctional facility or detention facility; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.115 to read as follows: |
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Sec. 38.115. OPERATION OF UNMANNED AIRCRAFT OVER |
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CORRECTIONAL FACILITY OR DETENTION FACILITY. (a) In this section: |
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(1) "Contraband" means any item not provided by or |
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authorized by the operator of a correctional facility or detention |
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facility. |
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(2) "Correctional facility" means: |
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(A) a confinement facility operated by or under |
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contract with any division of the Texas Department of Criminal |
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Justice; |
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(B) a municipal or county jail; |
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(C) a confinement facility operated by or under |
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contract with the Federal Bureau of Prisons; or |
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(D) a secure correctional facility or secure |
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detention facility, as defined by Section 51.02, Family Code. |
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(3) "Detention facility" means a facility operated by |
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or under contract with United States Immigration and Customs |
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Enforcement for the purpose of detaining aliens and placing them in |
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removal proceedings. |
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(b) A person commits an offense if the person intentionally |
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or knowingly: |
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(1) operates an unmanned aircraft over a correctional |
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facility or detention facility and the unmanned aircraft is not |
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higher than 400 feet above ground level; |
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(2) allows an unmanned aircraft to make contact with a |
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correctional facility or detention facility, including any person |
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or object on the premises of or within the facility; or |
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(3) allows an unmanned aircraft to come within a |
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distance of a correctional facility or detention facility that is |
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close enough to interfere with the operations of or cause a |
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disturbance to the facility. |
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(c) This section does not apply to conduct described by |
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Subsection (b) that is committed by: |
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(1) the federal government, this state, or a |
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governmental entity; |
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(2) a person under contract with or otherwise acting |
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under the direction or on behalf of the federal government, this |
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state, or a governmental entity; |
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(3) a person who has the prior written consent of the |
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owner or operator of the correctional facility or detention |
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facility; |
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(4) a law enforcement agency; or |
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(5) a person under contract with or otherwise acting |
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under the direction or on behalf of a law enforcement agency. |
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(d) An offense under this section is a Class B misdemeanor, |
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except that the offense is: |
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(1) a Class A misdemeanor if the actor has previously |
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been convicted under this section; or |
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(2) a state jail felony if, during the commission of |
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the offense, the actor used the unmanned aircraft to: |
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(A) provide contraband to a person in the custody |
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of the correctional facility or detention facility; or |
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(B) otherwise introduce contraband into the |
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correctional facility or detention facility. |
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SECTION 2. The heading to Section 423.0045, Government |
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Code, is amended to read as follows: |
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Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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[CORRECTIONAL FACILITY, DETENTION FACILITY, OR] CRITICAL |
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INFRASTRUCTURE FACILITY. |
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SECTION 3. Sections 423.0045(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) A person commits an offense if the person intentionally |
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or knowingly: |
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(1) operates an unmanned aircraft over a [correctional |
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facility, detention facility, or] critical infrastructure facility |
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and the unmanned aircraft is not higher than 400 feet above ground |
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level; |
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(2) allows an unmanned aircraft to make contact with a |
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[correctional facility, detention facility, or] critical |
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infrastructure facility, including any person or object on the |
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premises of or within the facility; or |
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(3) allows an unmanned aircraft to come within a |
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distance of a [correctional facility, detention facility, or] |
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critical infrastructure facility that is close enough to interfere |
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with the operations of or cause a disturbance to the facility. |
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(c) This section does not apply to[: |
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[(1)] conduct described by Subsection (b) that |
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[involves a correctional facility, detention facility, or critical |
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infrastructure facility and] is committed by: |
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(1) [(A)] the federal government, the state, or a |
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governmental entity; |
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(2) [(B)] a person under contract with or otherwise |
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acting under the direction or on behalf of the federal government, |
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the state, or a governmental entity; |
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(3) [(C)] a law enforcement agency; |
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(4) [(D)] a person under contract with or otherwise |
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acting under the direction or on behalf of a law enforcement agency; |
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(5) [or |
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[(E)] an operator of an unmanned aircraft that is |
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being used for a commercial purpose, if the operation is conducted |
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in compliance with: |
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(A) [(i)] each applicable Federal Aviation |
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Administration rule, restriction, or exemption; and |
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(B) [(ii)] all required Federal Aviation |
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Administration authorizations; |
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(6) [or |
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[(2) conduct described by Subsection (b) that involves |
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a critical infrastructure facility and is committed by: |
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[(A)] an owner or operator of the critical |
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infrastructure facility; |
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(7) [(B)] a person under contract with or otherwise |
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acting under the direction or on behalf of an owner or operator of |
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the critical infrastructure facility; |
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(8) [(C)] a person who has the prior written consent |
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of the owner or operator of the critical infrastructure facility; |
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or |
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(9) [(D)] the owner or occupant of the property on |
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which the critical infrastructure facility is located or a person |
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who has the prior written consent of the owner or occupant of that |
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property. |
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SECTION 4. Sections 423.0045(a)(1) and (3), Government |
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Code, are repealed. |
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SECTION 5. The change in law made by this Act to Section |
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423.0045, Government Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |