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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: |
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(A) one of the following, if completely enclosed |
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by a fence or other physical barrier that is obviously designed to |
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exclude intruders, or if clearly marked with a sign or signs that |
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are posted on the property, are reasonably likely to come to the |
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attention of intruders, and indicate that entry is forbidden: |
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(i) a petroleum or alumina refinery; |
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(ii) an electrical power generating |
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facility, substation, switching station, or electrical control |
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center; |
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(iii) a chemical, polymer, or rubber |
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manufacturing facility; |
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(iv) a water intake structure, water |
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treatment facility, wastewater treatment plant, or pump station; |
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(v) a natural gas compressor station; |
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(vi) a liquid natural gas terminal or |
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storage facility; |
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(vii) a telecommunications central |
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switching office; |
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(viii) a port, railroad switching yard, |
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trucking terminal, or other freight transportation facility; |
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(ix) a gas processing plant, including a |
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plant used in the processing, treatment, or fractionation of |
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natural gas; |
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(x) a transmission facility used by a |
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federally licensed radio or television station; |
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(xi) a steelmaking facility that uses an |
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electric arc furnace to make steel; or |
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(xii) a dam that is classified as a high |
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hazard by the Texas Commission on Environmental Quality; or |
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(B) any portion of an aboveground oil, gas, or |
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chemical pipeline that is enclosed by a fence or other physical |
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barrier that is obviously designed to exclude intruders. |
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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; |
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(8) the owner or occupant of the property on which the |
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critical infrastructure facility is located or a person authorized |
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by the owner or occupant of the property to be on that property; or |
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(9) 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. |
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