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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 83rd |
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Legislature, Regular Session, 2013, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 912 (images captured by unmanned aircraft and other |
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images and recordings; providing penalties) to consider and take |
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action on the following matters: |
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(1) Senate Rule 12.03(1) is suspended to permit the |
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committee to change text not in disagreement in proposed SECTION |
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2 of the bill, in added Section 423.002(a), Government Code, to |
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read as follows: |
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(a) It is lawful to capture an image by an unmanned |
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aircraft in this state: |
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Explanation: This change is necessary to address |
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grammatical and other inconsistencies created by senate |
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amendments to this section. |
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(2) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to change and omit text not in disagreement in |
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proposed SECTION 2 of the bill, in added Section 423.002(a)(4), |
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Government Code, to read as follows: |
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(4) by a satellite for the purposes of mapping; |
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Explanation: This change is necessary to delete |
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unnecessary text. |
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(3) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement in proposed SECTION 2 |
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of the bill, in added Section 423.002(a), Government Code, by |
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omitting proposed Subdivisions (5) and (6), which read as |
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follows: |
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(5) by a manufacturer or distributor of the unmanned |
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vehicle or unmanned aircraft in connection with the development, |
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manufacture, testing, or research of the vehicle or the aircraft; |
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(6) by a manufacturer or distributor incidental to |
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the activities authorized under Subdivision (5) and the |
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manufacturer or distributor discloses the image voluntarily to |
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law enforcement because the manufacturer or distributor |
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reasonably believes the image shows the commission of an offense; |
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Explanation: The omission of the text is necessary to |
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remove exceptions to the application of the chapter. |
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(4) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement in proposed SECTION 2 |
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of the bill, in added Section 423.003(a), Government Code, by |
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omitting proposed Subdivision (2), which reads as follows: |
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(2) real property in this state, on which a primary |
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or secondary school or a licensed child-care facility is operated |
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or an individual located on that property, with the intent to |
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conduct surveillance |
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Explanation: This change is necessary to remove an |
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offense. |
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(5) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter which is not included in either |
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the house or the senate version of the bill by adding the |
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following text to SECTION 2 of the bill: |
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Sec. 423.008. REPORTING BY LAW ENFORCEMENT AGENCY. |
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(a) No earlier than January 1 and no later than January 15 of |
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each odd-numbered year, a municipal or county law enforcement |
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agency located in a city or county with a population greater than |
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150,000, or a state law enforcement agency, that used or operated |
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an unmanned aircraft during the preceding 24 months shall issue a |
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written report to each member of the Texas Legislature, including |
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the Governor and Lieutenant Governor, retain the report for |
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public viewing and post the report on the law enforcement |
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agency's publicly accessible website, if one exists. The report |
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shall contain: |
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(a) the number of times an unmanned aircraft was |
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operated, organized by date, time, location, types of incidents, |
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and the types of justification for operation; |
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(b) the number of criminal investigations aided by the |
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operation of an unmanned aircraft and a description of how the |
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unmanned aircraft aided each investigation; |
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(c) the date, location, and number of times an unmanned |
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aircraft was operated for reasons other than a criminal |
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investigation and a description of how the unmanned aircraft |
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aided each operation; |
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(d) the frequency and type of information collected on an |
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individual, residence, property or area that was not the subject |
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of an operation; and |
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(e) the total cost of acquisition, maintenance, repair, |
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and operation the unmanned aircraft or unmanned aircrafts for the |
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preceding 24 months. |
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Explanation: This addition is necessary to provide for a |
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publicly available report regarding law enforcement use of |
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unmanned aircraft in this state. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 26, 2013, by |
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the following vote: Yeas 31, |
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Nays 0. |
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_______________________________ |
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Secretary of the Senate |