84R8675 JRR-D

By: Murphy H.B. No. 1481

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the operation of an unmanned aircraft over certain facilities; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 423, Government Code, is amended by adding Section 423.0045 to read as follows:

Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER TARGETED FACILITY. (a) In this section, "targeted facility" means:

(1) a petroleum or alumina refinery;

(2) an electric generation facility, natural gas generation facility, or nuclear electric power generation facility;

(3) an oil or gas pipeline; or

(4) a chemical or rubber manufacturing facility.

(b) A person commits an offense if:

(1) the person intentionally or knowingly operates an unmanned aircraft over a targeted facility; and

(2) the unmanned aircraft is not higher than 400 feet above ground level.

(c) It is lawful under this section to operate an unmanned aircraft over a targeted facility if the unmanned aircraft is operated by:

(1) the federal government, the state, or a governmental entity;

(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;

(3) a law enforcement agency;

(4) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;

(5) an owner or operator of the targeted facility;

(6) a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the targeted facility; or

(7) a person who has the prior written consent of the owner or operator of the targeted facility.

(d) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

SECTION 2. This Act takes effect September 1, 2015.