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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 an airport or |
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military installation; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Penal Code, is amended by adding |
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Section 42.15 to read as follows: |
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Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT OR |
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MILITARY INSTALLATION. (a) In this section: |
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(1) "Airport" has the meaning assigned by Section |
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22.001, Transportation Code. |
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(2) "Military installation" means any military |
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installation owned or operated by or for the federal government, |
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this state, or another governmental entity. |
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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 an airport or |
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military installation and the unmanned aircraft is not higher than |
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400 feet above ground level; |
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(2) allows an unmanned aircraft to make contact with |
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an airport or military installation, including any person or object |
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on the premises of or within the airport or military installation; |
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or |
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(3) allows an unmanned aircraft to come within a |
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distance of an airport or military installation that is close |
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enough to interfere with the operations of or cause a disturbance to |
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the airport or military installation. |
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(c) It is a defense to prosecution under this section that |
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the conduct described by Subsection (b) was engaged in 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 law enforcement agency; |
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(4) 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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(5) an owner or operator of the airport or military |
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installation; |
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(6) a person under contract with or otherwise acting |
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under the direction or on behalf of an owner or operator of the |
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airport or military installation; |
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(7) a person who has the prior written consent of the |
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owner or operator of the airport or military installation; or |
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(8) the owner or occupant of the property on which the |
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airport or military installation is located or a person who has the |
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prior written consent of the owner or occupant of that property. |
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(d) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section. |
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SECTION 2. 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 3. Section 424.001, Government Code, is amended to |
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read as follows: |
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Sec. 424.001. DEFINITION. In this chapter, "critical |
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infrastructure facility" has the meaning assigned by Section |
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423.0045(a)(1-a) and also includes: |
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(1) any pipeline transporting oil or gas or the |
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products or constituents of oil or gas; [and] |
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(2) a public or private airport depicted in any |
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current aeronautical chart published by the Federal Aviation |
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Administration; |
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(3) a military installation owned or operated by or |
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for the federal government, this state, or another governmental |
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entity; and |
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(4) a facility or pipeline described by this section |
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that is under construction and all equipment and appurtenances used |
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during that construction. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2023. |
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