By: Guillen H.B. No. 4102
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the acquisition or use of certain unmanned
  aircraft by a governmental entity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 423, Government Code, is
  amended to read as follows:
  CHAPTER 423. [USE OF] UNMANNED AIRCRAFT
         SECTION 2.  Chapter 423, Government Code, is amended by
  adding Section 423.010 to read as follows:
         Sec. 423.010.  ACQUISITION OR USE OF CERTAIN FOREIGN
  UNMANNED AIRCRAFT BY GOVERNMENTAL ENTITY PROHIBITED. (a) In this
  section:
               (1)  "Company" means a sole proprietorship,
  organization, association, corporation, partnership, joint
  venture, limited partnership, limited liability partnership, or
  limited liability company, including a wholly owned subsidiary,
  majority-owned subsidiary, parent company, or affiliate of those
  entities or business associations, that exists to make a profit.
               (2)  "Governmental entity" means this state, a
  political subdivision of this state, or an agency of this state or a
  political subdivision of this state.
         (b)  A governmental entity may not acquire or use an unmanned
  aircraft or any related services or equipment produced by a company
  that the governmental entity knows or has reason to believe is:
               (1)  owned by or the majority of stock or other
  ownership interest of the company is held or controlled by:
                     (A)  by the government of China, Iran, North
  Korea, Russia, or Syria; or
                     (B)  a company or other entity, including a
  government entity, that is owned or controlled by the government of
  China, Iran, North Korea, Russia, or Syria; or
               (2)  headquartered in China, Iran, North Korea, Russia,
  or Syria.
         (c)  The prohibition described by Subsection (b) applies
  regardless of whether:
               (1)  the company's or its parent company's securities
  are publicly traded; or
               (2)  the company or its parent company is listed on a
  public stock exchange as a Chinese, Iranian, North Korean, Russian,
  or Syrian company.
         (d)  The Department of Information Resources shall include
  companies described by Subsection (b) and Subsection (c) in the
  Model Security Plan for Prohibited Technologies and make the plan
  available to governmental entities.
         (d-1)  The Model Security Plan for Prohibited Technologies
  described in Subsection (d) shall include, without limitation,
  companies listed in Section 889 of the federal National Defense
  Authorization Act.
         (d-2)  The Model Security Plan for Prohibited Technologies
  described in Subsection (d) shall include companies who are
  excluded by future Acts of Congress, or federal administrative
  rulemaking.
         (d-3)  The Model Security Plan for Prohibited Technologies
  described in Subsection (d) shall include any other companies The
  Department of Information Resources deems unsuitable for use by a
  public agency.
         SECTION 3.  Section 423.010, Government Code, as added by
  this Act:
               (1)  applies to the acquisition of unmanned aircraft or
  any related services or equipment on or after the effective date of
  this Act, except that a contract or agreement to purchase or
  otherwise acquire an unmanned aircraft or related services or
  equipment described by that section that is entered into before the
  effective date of this Act is unaffected by this Act;
               (2)  applies to the use of an unmanned aircraft or any
  related services or equipment two years after the effective date of
  this Act, regardless of whether the unmanned aircraft or any
  related services or equipment were acquired before, on, or after
  the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2023.