This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

 

C.S.H.B. 3628

By: Geren

House Administration

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that recent use of unmanned aircraft in the Capitol Complex has warranted the regulation of such aircraft based on public safety concerns. C.S.H.B. 3628 seeks to address these concerns.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the public safety director in SECTION 1 of this bill.

 

ANALYSIS

 

C.S.H.B. 3628 amends the Government Code to require the public safety director, not later than December 1, 2015, to adopt rules governing the use of unmanned aircraft in the Capitol Complex and authorizes the rules to prohibit the use or authorize limited use of unmanned aircraft in the Capitol Complex. The bill makes it a Class B misdemeanor to violate such a rule but makes this provision applicable only to an offense committed on or after December 1, 2015.

 

EFFECTIVE DATE

 

September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 3628 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 411.062, Government Code, is amended

 

SECTION 1. Substantially the same as the introduced version.

SECTION 2.  Section 411.065(b), Government Code, is amended

 

SECTION 2. Substantially the same as introduced version.

 

SECTION 3. 

 

 

 

 

The change in law made by this Act to Section 411.065, Government Code, applies only to an offense committed on or after the effective date of this Act.  An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose.  For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

 

SECTION 3.  (a)  The director of the Department of Public Safety shall adopt the rules required by Section 411.062(d-1), Government Code, as added by this Act, not later than December 1, 2015.

(b)  The change in law made by this Act to Section 411.065, Government Code, applies only to an offense committed on or after December 1, 2015. An offense committed before that date is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before December 1, 2015, if any element of the offense occurred before that date.

SECTION 4.  This Act takes effect September 1, 2015.

SECTION 4. Same as introduced version.