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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the operation of an unmanned aircraft |
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and the prosecution of a related criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 423.0045(a)(1), Government Code, is |
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amended to read as follows: |
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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 or any structure used as part of a system to |
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provide wired or wireless telecommunications services; |
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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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(xiii) a concentrated animal feeding |
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operation, as defined by Section 26.048, Water Code; or |
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(B) if enclosed by a fence or other physical |
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barrier obviously designed to exclude intruders: |
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(i) any portion of an aboveground oil, gas, |
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or chemical pipeline; |
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(ii) an oil or gas drilling site; |
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(iii) a group of tanks used to store crude |
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oil, such as a tank battery; |
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(iv) an oil, gas, or chemical production |
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facility; |
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(v) an oil or gas wellhead; or |
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(vi) any oil and gas facility that has an |
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active flare [that is enclosed by a fence or other physical barrier
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that is obviously designed to exclude intruders]. |
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SECTION 2. Section 423.0045, Government Code, is amended by |
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amending Subsection (c) and adding Subsections (e), (f), and (g) to |
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read as follows: |
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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 who has the |
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prior written consent of the owner or occupant of 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 operation is conducted in |
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compliance with: |
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(A) each applicable Federal Aviation |
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Administration rule, restriction, or exemption; and |
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(B) all required Federal Aviation Administration |
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authorizations [operator is authorized by the Federal Aviation
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Administration to conduct operations over that airspace]. |
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(e) Except as provided by this section, a political |
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subdivision may not adopt or enforce any ordinance, order, or other |
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similar measure regarding the operation of an unmanned aircraft. |
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(f) A political subdivision may adopt and enforce an |
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ordinance, order, or other similar measure regarding: |
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(1) the political subdivision's use of an unmanned |
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aircraft; or |
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(2) the use of an unmanned aircraft near a facility or |
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infrastructure owned by the political subdivision, if the political |
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subdivision: |
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(A) applies for and receives authorization from |
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the Federal Aviation Administration to adopt the regulation; and |
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(B) after providing reasonable notice, holds a |
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public hearing on the political subdivision's intent to apply for |
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the authorization. |
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(g) An ordinance, order, or other similar measure that |
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violates Subsection (e) is void and unenforceable. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |