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A BILL TO BE ENTITLED
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AN ACT
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relating to certain images captured by an unmanned aircraft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 423.002(a), Government Code, is amended |
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to read as follows: |
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(a) It is lawful to capture an image using an unmanned |
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aircraft in this state: |
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(1) for the purpose of professional or scholarly |
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research and development or for another academic purpose by a |
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person acting on behalf of an institution of higher education or a |
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private or independent institution of higher education, as those |
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terms are defined by Section 61.003, Education Code, including a |
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person who: |
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(A) is a professor, employee, or student of the |
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institution; or |
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(B) is under contract with or otherwise acting |
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under the direction or on behalf of the institution; |
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(2) in airspace designated as a test site or range |
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authorized by the Federal Aviation Administration for the purpose |
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of integrating unmanned aircraft systems into the national |
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airspace; |
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(3) as part of an operation, exercise, or mission of |
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any branch of the United States military; |
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(4) if the image is captured by a satellite for the |
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purposes of mapping; |
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(5) if the image is captured by or for an electric or |
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natural gas utility or a telecommunications provider: |
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(A) for operations and maintenance of utility or |
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telecommunications facilities for the purpose of maintaining |
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utility or telecommunications system reliability and integrity; |
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(B) for inspecting utility or telecommunications |
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facilities to determine repair, maintenance, or replacement needs |
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during and after construction of such facilities; |
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(C) for assessing vegetation growth for the |
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purpose of maintaining clearances on utility or telecommunications |
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easements; and |
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(D) for utility or telecommunications facility |
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routing and siting for the purpose of providing utility or |
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telecommunications service; |
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(6) with the consent of the individual who owns or |
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lawfully occupies the real property captured in the image; |
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(7) pursuant to a valid search or arrest warrant; |
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(8) if the image is captured by a law enforcement |
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authority or a person who is under contract with or otherwise acting |
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under the direction or on behalf of a law enforcement authority: |
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(A) in immediate pursuit of a person law |
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enforcement officers have reasonable suspicion or probable cause to |
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suspect has committed an offense, not including misdemeanors or |
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offenses punishable by a fine only; |
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(B) for the purpose of documenting a crime scene |
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where an offense, not including misdemeanors or offenses punishable |
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by a fine only, has been committed; |
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(C) for the purpose of investigating the scene |
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of: |
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(i) a human fatality; |
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(ii) a motor vehicle accident causing death |
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or serious bodily injury to a person; or |
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(iii) any motor vehicle accident on a state |
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highway or federal interstate or highway; |
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(D) in connection with the search for a missing |
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person; |
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(E) for the purpose of conducting a high-risk |
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tactical operation that poses a threat to human life; |
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(F) of private property that is generally open to |
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the public where the property owner consents to law enforcement |
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public safety responsibilities; or |
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(G) of real property or a person on real property |
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that is within 25 miles of the United States border for the sole |
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purpose of ensuring border security; |
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(9) if the image is captured by state or local law |
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enforcement authorities, or a person who is under contract with or |
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otherwise acting under the direction or on behalf of state |
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authorities, for the purpose of: |
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(A) surveying the scene of a catastrophe or other |
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damage to determine whether a state of emergency should be |
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declared; |
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(B) preserving public safety, protecting |
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property, or surveying damage or contamination during a lawfully |
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declared state of emergency; or |
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(C) conducting routine air quality sampling and |
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monitoring, as provided by state or local law; |
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(10) at the scene of a spill, or a suspected spill, of |
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hazardous materials; |
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(11) for the purpose of fire suppression; |
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(12) for the purpose of rescuing a person whose life or |
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well-being is in imminent danger; |
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(13) if the image is captured by a Texas licensed real |
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estate broker in connection with the marketing, sale, or financing |
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of real property, provided that no individual is identifiable in |
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the image; |
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(14) from a height no more than eight feet above |
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ground level in a public place, if the image was captured without |
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using any electronic, mechanical, or other means to amplify the |
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image beyond normal human perception; |
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(15) of public real property or a person on that |
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property; |
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(16) if the image is captured by the owner or operator |
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of an oil, gas, water, or other pipeline for the purpose of |
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inspecting, maintaining, or repairing pipelines or other related |
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facilities, and is captured without the intent to conduct |
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surveillance on an individual or real property located in this |
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state; |
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(17) in connection with oil pipeline safety and rig |
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protection; |
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(18) in connection with port authority surveillance |
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and security; |
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(19) if the image is captured by a registered |
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professional land surveyor in connection with the practice of |
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professional surveying, as those terms are defined by Section |
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1071.002, Occupations Code, provided that no individual is |
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identifiable in the image; |
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(20) if the image is captured by a professional |
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engineer licensed under Subchapter G, Chapter 1001, Occupations |
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Code, in connection with the practice of engineering, as defined by |
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Section 1001.003, Occupations Code, provided that no individual is |
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identifiable in the image; [or] |
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(21) if: |
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(A) the image is captured by an employee of an |
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insurance company or of an affiliate of the company in connection |
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with the underwriting of an insurance policy, or the rating or |
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adjusting of an insurance claim, regarding real property or a |
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structure on real property; and |
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(B) the operator of the unmanned aircraft is |
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authorized by the Federal Aviation Administration to conduct |
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operations within the airspace from which the image is captured; or |
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(22) if the image is captured for the purpose of |
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disaster preparedness, including for the inspection, maintenance, |
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or repair of public infrastructure, by: |
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(A) a county with a population of 550,000 or more |
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that is adjacent to a county with a population of 3.3 million or |
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more; or |
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(B) a person who is under contract with or |
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otherwise acting under the direction or on behalf of a county |
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described by Paragraph (A). |
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SECTION 2. This Act takes effect September 1, 2019. |