|
|
|
|
|
COMMITTEE VOTE |
|
|
|
|
YeaNayAbsentPNV |
|
BirdwellX |
|
ZaffiriniX |
|
AlvaradoX |
|
BlancoX |
|
HancockX |
|
HughesX |
|
KolkhorstX |
|
MilesX |
|
SparksX |
|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to inspections and examinations by the Railroad Commission |
|
of Texas of certain sites and facilities conducted using unmanned |
|
aircraft. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 423.002(a), Government Code, is amended |
|
to read as follows: |
|
(a) It is lawful to capture an image using an unmanned |
|
aircraft in this state: |
|
(1) for the purpose of professional or scholarly |
|
research and development or for another academic purpose by a |
|
person acting on behalf of an institution of higher education or a |
|
private or independent institution of higher education, as those |
|
terms are defined by Section 61.003, Education Code, including a |
|
person who: |
|
(A) is a professor, employee, or student of the |
|
institution; or |
|
(B) is under contract with or otherwise acting |
|
under the direction or on behalf of the institution; |
|
(2) in airspace designated as a test site or range |
|
authorized by the Federal Aviation Administration for the purpose |
|
of integrating unmanned aircraft systems into the national |
|
airspace; |
|
(3) as part of an operation, exercise, or mission of |
|
any branch of the United States military; |
|
(4) if the image is captured by a satellite for the |
|
purposes of mapping; |
|
(5) if the image is captured by or for an electric or |
|
natural gas utility or a telecommunications provider: |
|
(A) for operations and maintenance of utility or |
|
telecommunications facilities for the purpose of maintaining |
|
utility or telecommunications system reliability and integrity; |
|
(B) for inspecting utility or telecommunications |
|
facilities to determine repair, maintenance, or replacement needs |
|
during and after construction of such facilities; |
|
(C) for assessing vegetation growth for the |
|
purpose of maintaining clearances on utility or telecommunications |
|
easements; and |
|
(D) for utility or telecommunications facility |
|
routing and siting for the purpose of providing utility or |
|
telecommunications service; |
|
(6) with the consent of the individual who owns or |
|
lawfully occupies the real property captured in the image; |
|
(7) pursuant to a valid search or arrest warrant; |
|
(8) if the image is captured by a law enforcement |
|
authority or a person who is under contract with or otherwise acting |
|
under the direction or on behalf of a law enforcement authority: |
|
(A) in immediate pursuit of a person law |
|
enforcement officers have reasonable suspicion or probable cause to |
|
suspect has committed an offense, not including misdemeanors or |
|
offenses punishable by a fine only; |
|
(B) for the purpose of documenting a crime scene |
|
where an offense, not including misdemeanors or offenses punishable |
|
by a fine only, has been committed; |
|
(C) for the purpose of investigating the scene |
|
of: |
|
(i) a human fatality; |
|
(ii) a motor vehicle accident causing death |
|
or serious bodily injury to a person; or |
|
(iii) any motor vehicle accident on a state |
|
highway or federal interstate or highway; |
|
(D) in connection with the search for a missing |
|
person; |
|
(E) for the purpose of conducting a high-risk |
|
tactical operation that poses a threat to human life; |
|
(F) of private property that is generally open to |
|
the public where the property owner consents to law enforcement |
|
public safety responsibilities; or |
|
(G) of real property or a person on real property |
|
that is within 25 miles of the United States border for the sole |
|
purpose of ensuring border security; |
|
(9) if the image is captured by state or local law |
|
enforcement authorities, or a person who is under contract with or |
|
otherwise acting under the direction or on behalf of state |
|
authorities, for the purpose of: |
|
(A) surveying the scene of a catastrophe or other |
|
damage to determine whether a state of emergency should be |
|
declared; |
|
(B) preserving public safety, protecting |
|
property, or surveying damage or contamination during a lawfully |
|
declared state of emergency; or |
|
(C) conducting routine air quality sampling and |
|
monitoring, as provided by state or local law; |
|
(10) at the scene of a spill, or a suspected spill, of |
|
hazardous materials; |
|
(11) for the purpose of fire suppression; |
|
(12) for the purpose of rescuing a person whose life or |
|
well-being is in imminent danger; |
|
(13) if the image is captured by a Texas licensed real |
|
estate broker in connection with the marketing, sale, or financing |
|
of real property, provided that no individual is identifiable in |
|
the image; |
|
(14) from a height no more than eight feet above ground |
|
level in a public place, if the image was captured without using any |
|
electronic, mechanical, or other means to amplify the image beyond |
|
normal human perception; |
|
(15) of public real property or a person on that |
|
property; |
|
(16) if the image is captured by the owner or operator |
|
of an oil, gas, water, or other pipeline for the purpose of |
|
inspecting, maintaining, or repairing pipelines or other related |
|
facilities, and is captured without the intent to conduct |
|
surveillance on an individual or real property located in this |
|
state; |
|
(17) in connection with oil pipeline safety and rig |
|
protection; |
|
(18) in connection with port authority surveillance |
|
and security; |
|
(19) if the image is captured by a registered |
|
professional land surveyor in connection with the practice of |
|
professional surveying, as those terms are defined by Section |
|
1071.002, Occupations Code, provided that no individual is |
|
identifiable in the image; |
|
(20) if the image is captured by a professional |
|
engineer licensed under Subchapter G, Chapter 1001, Occupations |
|
Code, in connection with the practice of engineering, as defined by |
|
Section 1001.003, Occupations Code, provided that no individual is |
|
identifiable in the image; [or] |
|
(21) if: |
|
(A) the image is captured by an employee of an |
|
insurance company or of an affiliate of the company in connection |
|
with the underwriting of an insurance policy, or the rating or |
|
adjusting of an insurance claim, regarding real property or a |
|
structure on real property; and |
|
(B) the operator of the unmanned aircraft is |
|
authorized by the Federal Aviation Administration to conduct |
|
operations within the airspace from which the image is |
|
captured; or |
|
(22) if the image is captured by the Railroad |
|
Commission of Texas or an agent, servant, or employee of the |
|
commission in connection with the inspection and examination of: |
|
(A) an oil or gas site or facility, including a |
|
well, tank, or disposal or injection site; |
|
(B) a pipeline facility; or |
|
(C) a surface mining site. |
|
SECTION 2. Section 88.091, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 88.091. ACCESS TO PROPERTY AND RECORDS. (a) The |
|
governmental agency shall have access at all times to: |
|
(1) the oil property of all persons for inspection and |
|
examination, including for inspection and examination by unmanned |
|
aircraft; and |
|
(2) the records of all these persons for inspection, |
|
examination, and audit. |
|
(b) The governmental agency shall provide notice to the |
|
operator of the property before the governmental agency uses |
|
unmanned aircraft for the inspection and examination of the |
|
property. On receiving the notice, the operator of the property |
|
shall make a good faith effort to provide notice to the owner of the |
|
property, if applicable. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2023. |
|
|
|
* * * * * |