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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of operation of unmanned |
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aircraft over correctional facility or critical infrastructure |
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facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 423.0045, Government |
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Code, is amended to read as follows: |
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Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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CORRECTIONAL FACILITY OR CRITICAL INFRASTRUCTURE FACILITY. |
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SECTION 2. Section 423.0045(a), Government Code, is amended |
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by amending Subdivision (1) and adding Subdivision (1-a) to read as |
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follows: |
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(1) "Correctional facility" means: |
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(A) a confinement facility operated by or under |
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contract with any division of the Texas Department of Criminal |
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Justice; or |
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(B) a municipal or county jail. |
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(1-a) "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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SECTION 3. Sections 423.0045(b) and (c), Government Code, |
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are amended to read as follows: |
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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 correctional |
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facility or critical infrastructure facility and the unmanned |
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aircraft is not higher than 400 feet above ground level; |
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(2) allows an unmanned aircraft to make contact with a |
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correctional facility or critical infrastructure facility, |
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including any person or object on the premises of or within the |
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facility; or |
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(3) allows an unmanned aircraft to come within a |
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distance of a correctional facility or critical infrastructure |
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facility that is close enough to interfere with the operations of or |
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cause a disturbance to the facility. |
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(c) This section does not apply to: |
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(1) conduct described by Subsection (b) that involves |
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a correctional facility or critical infrastructure facility and |
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[that] is committed by: |
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(A) [(1)] the federal government, the state, or a |
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governmental entity; |
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(B) [(2)] a person under contract with or |
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otherwise acting under the direction or on behalf of the federal |
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government, the state, or a governmental entity; |
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(C) [(3)] a law enforcement agency; |
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(D) [(4)] a person under contract with or |
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otherwise acting under the direction or on behalf of a law |
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enforcement agency; or |
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(E) an operator of an unmanned aircraft that is |
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being used for a commercial purpose, if the operator is authorized |
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by the Federal Aviation Administration to conduct operations over |
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that airspace; or |
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(2) conduct described by Subsection (b) that involves |
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a critical infrastructure facility and is committed by: |
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(A) [(5)] an owner or operator of the critical |
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infrastructure facility; |
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(B) [(6)] a person under contract with or |
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otherwise acting under the direction or on behalf of an owner or |
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operator of the critical infrastructure facility; |
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(C) [(7)] a person who has the prior written |
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consent of the owner or operator of the critical infrastructure |
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facility; or |
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(D) [(8)] the owner or occupant of the property |
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on which the critical infrastructure facility is located or a |
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person who has the prior written consent of the owner or occupant of |
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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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SECTION 4. 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 5. This Act takes effect September 1, 2017. |