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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 criminal offense of operation of |
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an unmanned aircraft over certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 423.0045(c), Government Code, is amended |
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to read as follows: |
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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, detention facility, or critical |
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infrastructure facility and is committed by: |
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(A) the federal government, the state, or a |
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governmental entity; |
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(B) a person under contract with or otherwise |
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acting under the direction or on behalf of the federal government, |
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the state, or a governmental entity; |
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(C) a law enforcement agency; or |
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(D) a person under contract with or otherwise |
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acting under the direction or on behalf of a law enforcement agency; |
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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 operation is conducted |
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in compliance with: |
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[(i) each applicable Federal Aviation |
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Administration rule, restriction, or exemption; and |
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[(ii) all required Federal Aviation |
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Administration authorizations; 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) an owner or operator of the critical |
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infrastructure facility; |
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(B) a person under contract with or otherwise |
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acting under the direction or on behalf of an owner or operator of |
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the critical infrastructure facility; |
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(C) a person who has the prior written consent of |
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the owner or operator of the critical infrastructure facility; or |
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(D) the owner or occupant of the property on |
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which the critical infrastructure facility is located or a person |
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who has the prior written consent of the owner or occupant of that |
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property. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |