87R19137 JRR-D
 
  By: Krause H.B. No. 1758
 
  Substitute the following for H.B. No. 1758:
 
  By:  Tinderholt C.S.H.B. No. 1758
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to law enforcement's use of force by means of a drone.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.33 to read as follows:
         Art. 2.33.  LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE.
  (a) In this article:
               (1)  "Drone" means an unmanned aircraft, watercraft, or
  ground vehicle or a robotic device that:
                     (A)  is controlled remotely by a human operator;
  or
                     (B)  operates autonomously through computer
  software or other programming.
               (2)  "Law enforcement agency" means an agency of the
  state or an agency of a political subdivision of the state
  authorized by law to employ peace officers.
         (b)  Each law enforcement agency shall:
               (1)  adopt a written policy regarding the agency's use
  of force by means of a drone and update the policy as necessary; and
               (2)  not later than January 1 of each even-numbered
  year, submit the policy to the Texas Commission on Law Enforcement
  in the manner prescribed by the commission.
         SECTION 2.  Subchapter E, Chapter 9, Penal Code, is amended
  by adding Section 9.54 to read as follows:
         Sec. 9.54.  LIMITATION ON USE OF FORCE BY DRONE. (a) In this
  section:
               (1)  "Autonomous drone" means a drone that operates
  autonomously through computer software or other programming.
               (2)  "Drone" and "law enforcement agency" have the
  meanings assigned by Article 2.33, Code of Criminal Procedure.
         (b)  Notwithstanding any other law, the use of force,
  including deadly force, involving a drone is justified under this
  subchapter only if:
               (1)  at the time the use of force occurred, the actor
  was employed by a law enforcement agency;
               (2)  the use of force:
                     (A)  would have been justified under another
  provision of this subchapter; and
                     (B)  did not involve the use of deadly force by
  means of an autonomous drone; and
               (3)  before the use of force occurred, the law
  enforcement agency employing the actor adopted and submitted to the
  Texas Commission on Law Enforcement a policy on the agency's use of
  force by means of a drone, as required by Article 2.33, Code of
  Criminal Procedure, and the use of force conformed to the
  requirements of that policy.
         SECTION 3.  Not later than January 1, 2022, each law
  enforcement agency in this state shall:
               (1)  adopt the policy required by Article 2.33, Code of
  Criminal Procedure, as added by this Act; and
               (2)  submit the policy to the Texas Commission on Law
  Enforcement as required by that article.
         SECTION 4.  Section 9.54, Penal Code, as added by this Act,
  applies only to an offense committed on or after January 1, 2022.
  An offense committed before January 1, 2022, 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 January 1, 2022, if any
  element of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2021.