H.B. No. 1643
 
 
 
 
AN ACT
  relating to the regulation of the operation of an unmanned aircraft
  and the prosecution of a related criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 423.0045(a)(1), Government Code, is
  amended to read as follows:
               (1)  "Critical infrastructure facility" means:
                     (A)  one of the following, if completely enclosed
  by a fence or other physical barrier that is obviously designed to
  exclude intruders, or if clearly marked with a sign or signs that
  are posted on the property, are reasonably likely to come to the
  attention of intruders, and indicate that entry is forbidden:
                           (i)  a petroleum or alumina refinery;
                           (ii)  an electrical power generating
  facility, substation, switching station, or electrical control
  center;
                           (iii)  a chemical, polymer, or rubber
  manufacturing facility;
                           (iv)  a water intake structure, water
  treatment facility, wastewater treatment plant, or pump station;
                           (v)  a natural gas compressor station;
                           (vi)  a liquid natural gas terminal or
  storage facility;
                           (vii)  a telecommunications central
  switching office or any structure used as part of a system to
  provide wired or wireless telecommunications services;
                           (viii)  a port, railroad switching yard,
  trucking terminal, or other freight transportation facility;
                           (ix)  a gas processing plant, including a
  plant used in the processing, treatment, or fractionation of
  natural gas;
                           (x)  a transmission facility used by a
  federally licensed radio or television station;
                           (xi)  a steelmaking facility that uses an
  electric arc furnace to make steel; [or]
                           (xii)  a dam that is classified as a high
  hazard by the Texas Commission on Environmental Quality; or
                           (xiii)  a concentrated animal feeding
  operation, as defined by Section 26.048, Water Code; or
                     (B)  if enclosed by a fence or other physical
  barrier obviously designed to exclude intruders:
                           (i)  any portion of an aboveground oil, gas,
  or chemical pipeline;
                           (ii)  an oil or gas drilling site;
                           (iii)  a group of tanks used to store crude
  oil, such as a tank battery;
                           (iv)  an oil, gas, or chemical production
  facility;
                           (v)  an oil or gas wellhead; or
                           (vi)  any oil and gas facility that has an
  active flare [that is enclosed by a fence or other physical barrier
  that is obviously designed to exclude intruders].
         SECTION 2.  Section 423.0045(c), Government Code, is amended
  to read as follows:
         (c)  This section does not apply to conduct described by
  Subsection (b) that is committed 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 critical
  infrastructure facility;
               (6)  a person under contract with or otherwise acting
  under the direction or on behalf of an owner or operator of the
  critical infrastructure facility;
               (7)  a person who has the prior written consent of the
  owner or operator of the critical infrastructure facility;
               (8)  the owner or occupant of the property on which the
  critical infrastructure facility is located or a person who has the
  prior written consent of the owner or occupant of that property; or
               (9)  an operator of an unmanned aircraft that is being
  used for a commercial purpose, if the operation is conducted in
  compliance with:
                     (A)  each applicable Federal Aviation
  Administration rule, restriction, or exemption; and
                     (B)  all required Federal Aviation Administration
  authorizations [operator is authorized by the Federal Aviation
  Administration to conduct operations over that airspace].
         SECTION 3.  Chapter 423, Government Code, is amended by
  adding Section 423.009 to read as follows:
         Sec. 423.009.  REGULATION OF UNMANNED AIRCRAFT BY POLITICAL
  SUBDIVISION.  (a)  In this section:
               (1)  "Political subdivision" includes a county, a joint
  board created under Section 22.074, Transportation Code, and a
  municipality.
               (2)  "Special event" means a festival, celebration, or
  other gathering that:
                     (A)  involves:
                           (i)  the reservation and temporary use of
  all or a portion of a public park, road, or other property of a
  political subdivision; and
                           (ii)  entertainment, the sale of
  merchandise, food, or beverages, or mass participation in a sports
  event; and
                     (B)  requires a significant use or coordination of
  a political subdivision's services.
         (b)  Except as provided by Subsection (c), a political
  subdivision may not adopt or enforce any ordinance, order, or other
  similar measure regarding the operation of an unmanned aircraft.
         (c)  A political subdivision may adopt and enforce an
  ordinance, order, or other similar measure regarding:
               (1)  the use of an unmanned aircraft during a special
  event;
               (2)  the political subdivision's use of an unmanned
  aircraft; or
               (3)  the use of an unmanned aircraft near a facility or
  infrastructure owned by the political subdivision, if the political
  subdivision:
                     (A)  applies for and receives authorization from
  the Federal Aviation Administration to adopt the regulation; and
                     (B)  after providing reasonable notice, holds a
  public hearing on the political subdivision's intent to apply for
  the authorization.
         (d)  An ordinance, order, or other similar measure that
  violates Subsection (b) is void and unenforceable.
         SECTION 4.  Section 423.0045, Government Code, as amended by
  this Act, applies only to an offense committed on or after the
  effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1643 was passed by the House on May
  11, 2017, by the following vote:  Yeas 135, Nays 8, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1643 on May 26, 2017, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1643 on May 28, 2017, by the following vote:  Yeas 143,
  Nays 2, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1643 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 27, Nays
  4; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1643 on May 28, 2017, by the following vote:  Yeas 26, Nays 5.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor