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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 the purpose of
professional or scholarly research and development or for another academic
purpose 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;
(15) [(16)] of
public real property or a person on that property;
(16) [(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;
(17) [(18)] in
connection with oil pipeline safety and rig protection;
(18) [(19)] in
connection with port authority surveillance and security;
(19) [(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
(20) [(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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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
the purpose of professional or scholarly research and development or for
another academic purpose 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 or a telecommunications provider:
(A) for
operations and maintenance of utility or
telecommunications facilities for the purpose of maintaining
utility or telecommunications
system reliability and integrity;
(B) for
inspecting utility or
telecommunications 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 or telecommunications
easements; and
(D) for
utility or telecommunications
facility routing and siting for the purpose of providing utility or telecommunications 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;
(15)
[(16)] of public real property or a person on that property;
(16)
[(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;
(17)
[(18)] in connection with oil pipeline safety and rig protection;
(18)
[(19)] in connection with port authority surveillance and security;
(19)
[(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
(20)
[(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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