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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of unmanned aircraft over certain |
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facilities; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 423, Government Code, is amended by |
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adding Section 423.0047 to read as follows: |
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Sec. 423.0047. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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OR NEAR SCHOOL. (a) In this section, "school" means any |
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instructional or noninstructional facility owned or operated by: |
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(1) a public or private elementary or secondary |
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school; or |
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(2) an institution of higher education or a private or |
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independent institution of higher education, as those terms are |
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defined by Section 61.003, Education Code. |
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(b) A person commits an offense if the person intentionally |
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or knowingly operates an unmanned aircraft over a school or within |
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1,000 feet of the school. |
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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 that provides to a school |
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prior notice of the agency's operation of an unmanned aircraft over |
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or near the school; |
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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 that |
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provides prior notice as described by Subdivision (3); |
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(5) 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; |
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(6) a person under contract with or otherwise acting |
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under the direction or on behalf of the governing body of the |
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school; or |
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(7) a person who has the prior written consent of the |
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person who is primarily responsible for the security of the school. |
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(d) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section or Section 423.0045 or |
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423.0046. |
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SECTION 2. Section 423.0045(d), Government Code, is amended |
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to read as follows: |
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(d) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section or Section 423.0046 or |
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423.0047. |
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SECTION 3. Section 423.0046(d), Government Code, is amended |
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to read as follows: |
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(d) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section or Section 423.0045 or |
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423.0047. |
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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, 2019. |