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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the operation of an unmanned aircraft over |
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certain facilities; 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 423, Government Code, is amended by |
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adding Section 423.0045 to read as follows: |
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Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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CRITICAL INFRASTRUCTURE FACILITY. (a) In this section: |
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(1) "Critical infrastructure facility" means one of |
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the following, if completely enclosed by a fence or other physical |
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barrier that is obviously designed to exclude intruders, or if |
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clearly marked with a sign or signs that are posted on the property, |
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are reasonably likely to come to the attention of intruders, and |
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indicate that entry is forbidden: |
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(A) a petroleum or alumina refinery; |
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(B) an electrical power generating facility, |
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substation, switching station, or electrical control center; |
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(C) an above-ground oil, gas, or chemical |
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pipeline; |
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(D) a chemical, polymer, or rubber manufacturing |
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facility; |
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(E) a water intake structure, water treatment |
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facility, wastewater treatment plant, or pump station; |
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(F) a natural gas compressor station; |
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(G) a liquid natural gas terminal or storage |
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facility; |
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(H) a telecommunications central switching |
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office; |
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(I) a port, railroad switching yard, trucking |
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terminal, or other freight transportation facility; |
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(J) a gas processing plant, including a plant |
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used in the processing, treatment, or fractionation of natural gas; |
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(K) a transmission facility used by a federally |
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licensed radio or television station; |
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(L) a steelmaking facility that uses an electric |
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arc furnace to make steel; or |
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(M) a dam that is classified as a high hazard by |
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the Texas Commission on Environmental Quality. |
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(2) "Dam" means any barrier, including any appurtenant |
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structures, that is constructed for the purpose of permanently or |
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temporarily impounding water. |
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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 critical |
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infrastructure facility and the unmanned aircraft is not higher |
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than 400 feet above ground level; |
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(2) allows an unmanned aircraft to make contact with a |
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critical infrastructure facility, including any person or object on |
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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 critical infrastructure facility that is close enough |
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to interfere with the operations of or cause a disturbance to the |
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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, the 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, the |
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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 critical |
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infrastructure facility; |
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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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critical infrastructure facility; |
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(7) a person who has the prior written consent of the |
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owner or operator of the critical infrastructure facility; or |
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(8) an operator of an unmanned aircraft that is being |
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used for a commercial purpose, if the operator is authorized by the |
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Federal Aviation Administration to conduct operations over that |
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airspace. |
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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. This Act takes effect September 1, 2015. |