SECTION 1. Section
423.002(a), Government Code, is amended to read as follows:
(a) It is lawful to capture
an image using an unmanned aircraft in this state:
(1) for purposes of
professional or scholarly research and development by a person acting on
behalf of an institution of higher education, as defined by Section 61.003,
Education Code, including a person who:
(A) is a professor,
employee, or student of the institution; or
(B) is under contract with
or otherwise acting under the direction or on behalf of the institution;
(2) in airspace designated
as a test site or range authorized by the Federal Aviation Administration
for the purpose of integrating unmanned aircraft systems into the national
airspace;
(3) as part of an operation,
exercise, or mission of any branch of the United States military;
(4) if the image is captured
by a satellite for the purposes of mapping;
(5) if the image is captured
by or for an electric or natural gas utility:
(A) for operations and
maintenance of utility facilities for the purpose of maintaining utility
system reliability and integrity;
(B) for inspecting utility
facilities to determine repair, maintenance, or replacement needs during
and after construction of such facilities;
(C) for assessing vegetation
growth for the purpose of maintaining clearances on utility easements; and
(D) for utility facility
routing and siting for the purpose of providing utility service;
(6) with the consent of the
individual who owns or lawfully occupies the real property captured in the
image;
(7) pursuant to a valid
search or arrest warrant;
(8) if the image is captured
by a law enforcement authority or a person who is under contract with or
otherwise acting under the direction or on behalf of a law enforcement
authority:
(A) in immediate pursuit of
a person law enforcement officers have reasonable suspicion or probable
cause to suspect has committed an offense, not including misdemeanors or
offenses punishable by a fine only;
(B) for the purpose of
documenting a crime scene where an offense, not including misdemeanors or
offenses punishable by a fine only, has been committed;
(C) for the purpose of
investigating the scene of:
(i) a human fatality;
(ii) a motor vehicle
accident causing death or serious bodily injury to a person; or
(iii) any motor vehicle
accident on a state highway or federal interstate or highway;
(D) in connection with the
search for a missing person;
(E) for the purpose of
conducting a high-risk tactical operation that poses a threat to human
life; or
(F) of private property that
is generally open to the public where the property owner consents to law
enforcement public safety responsibilities;
(9) if the image is captured
by state or local law enforcement authorities, or a person who is under
contract with or otherwise acting under the direction or on behalf of state
authorities, for the purpose of:
(A) surveying the scene of a
catastrophe or other damage to determine whether a state of emergency
should be declared;
(B) preserving public
safety, protecting property, or surveying damage or contamination during a
lawfully declared state of emergency; or
(C) conducting routine air
quality sampling and monitoring, as provided by state or local law;
(10) at the scene of a
spill, or a suspected spill, of hazardous materials;
(11) for the purpose of fire
suppression;
(12) for the purpose of
rescuing a person whose life or well-being is in imminent danger;
(13) if the image is
captured by a Texas licensed real estate broker in connection with the
marketing, sale, or financing of real property, provided that no individual
is identifiable in the image;
(14) of real property or a
person on real property that is within 25 miles of the United States
border;
(15) from a height no more
than eight feet above ground level in a public place, if the image was
captured without using any electronic, mechanical, or other means to
amplify the image beyond normal human perception;
(16) of public real property
or a person on that property;
(17) if the image is
captured by the owner or operator of an oil, gas, water, or other pipeline
for the purpose of inspecting, maintaining, or repairing pipelines or other
related facilities, and is captured without the intent to conduct
surveillance on an individual or real property located in this state;
(18) in connection with oil
pipeline safety and rig protection; [or]
(19) in connection with port
authority surveillance and security;
(20) if the image is
captured by a Texas licensed surveyor
in connection with the practice of professional surveying, as defined by
Section 1071.002, Occupations Code, provided that no individual is
identifiable in the image; or
(21) if the image is
captured by a Texas licensed engineer
in connection with the practice of engineering, as defined by Section
1001.003, Occupations Code, provided that no individual is identifiable in
the image.
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SECTION 1. Section
423.002(a), Government Code, is amended to read as follows:
(a) It is lawful to capture
an image using an unmanned aircraft in this state:
(1) for purposes of
professional or scholarly research and development by a person acting on
behalf of an institution of higher education or a private or independent institution of higher education,
as those terms are defined by Section 61.003, Education Code,
including a person who:
(A) is a professor,
employee, or student of the institution; or
(B) is under contract with
or otherwise acting under the direction or on behalf of the institution;
(2) in airspace designated
as a test site or range authorized by the Federal Aviation Administration
for the purpose of integrating unmanned aircraft systems into the national
airspace;
(3) as part of an operation,
exercise, or mission of any branch of the United States military;
(4) if the image is captured
by a satellite for the purposes of mapping;
(5) if the image is captured
by or for an electric or natural gas utility:
(A) for operations and
maintenance of utility facilities for the purpose of maintaining utility
system reliability and integrity;
(B) for inspecting utility
facilities to determine repair, maintenance, or replacement needs during
and after construction of such facilities;
(C) for assessing vegetation
growth for the purpose of maintaining clearances on utility easements; and
(D) for utility facility
routing and siting for the purpose of providing utility service;
(6) with the consent of the
individual who owns or lawfully occupies the real property captured in the
image;
(7) pursuant to a valid
search or arrest warrant;
(8) if the image is captured
by a law enforcement authority or a person who is under contract with or
otherwise acting under the direction or on behalf of a law enforcement authority:
(A) in immediate pursuit of
a person law enforcement officers have reasonable suspicion or probable
cause to suspect has committed an offense, not including misdemeanors or
offenses punishable by a fine only;
(B) for the purpose of
documenting a crime scene where an offense, not including misdemeanors or
offenses punishable by a fine only, has been committed;
(C) for the purpose of
investigating the scene of:
(i) a human fatality;
(ii) a motor vehicle
accident causing death or serious bodily injury to a person; or
(iii) any motor vehicle
accident on a state highway or federal interstate or highway;
(D) in connection with the
search for a missing person;
(E) for the purpose of
conducting a high-risk tactical operation that poses a threat to human
life; or
(F) of private property that
is generally open to the public where the property owner consents to law
enforcement public safety responsibilities;
(9) if the image is captured
by state or local law enforcement authorities, or a person who is under
contract with or otherwise acting under the direction or on behalf of state
authorities, for the purpose of:
(A) surveying the scene of a
catastrophe or other damage to determine whether a state of emergency
should be declared;
(B) preserving public
safety, protecting property, or surveying damage or contamination during a
lawfully declared state of emergency; or
(C) conducting routine air
quality sampling and monitoring, as provided by state or local law;
(10) at the scene of a
spill, or a suspected spill, of hazardous materials;
(11) for the purpose of fire
suppression;
(12) for the purpose of
rescuing a person whose life or well-being is in imminent danger;
(13) if the image is
captured by a Texas licensed real estate broker in connection with the
marketing, sale, or financing of real property, provided that no individual
is identifiable in the image;
(14) of real property or a
person on real property that is within 25 miles of the United States
border;
(15) from a height no more
than eight feet above ground level in a public place, if the image was
captured without using any electronic, mechanical, or other means to
amplify the image beyond normal human perception;
(16) of public real property
or a person on that property;
(17) if the image is
captured by the owner or operator of an oil, gas, water, or other pipeline
for the purpose of inspecting, maintaining, or repairing pipelines or other
related facilities, and is captured without the intent to conduct
surveillance on an individual or real property located in this state;
(18) in connection with oil
pipeline safety and rig protection; [or]
(19) in connection with port
authority surveillance and security;
(20) if the image is
captured by a registered professional land
surveyor in connection with the practice of professional surveying,
as those terms are defined by Section 1071.002, Occupations Code, provided
that no individual is identifiable in the image; or
(21) if the image is
captured by a professional engineer
licensed under Subchapter G, Chapter 1001, Occupations Code, in
connection with the practice of engineering, as defined by Section
1001.003, Occupations Code, provided that no individual is identifiable in
the image.
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