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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the acquisition and use of certain unmanned |
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aircraft by a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 423, Government Code, is |
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amended to read as follows: |
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CHAPTER 423. [USE OF] UNMANNED AIRCRAFT |
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SECTION 2. Chapter 423, Government Code, is amended by |
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adding Section 423.010 to read as follows: |
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Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN |
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UNMANNED AIRCRAFT BY GOVERNMENTAL ENTITY PROHIBITED; REPORT. (a) |
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In this section: |
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(1) "Company" means a sole proprietorship, |
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organization, association, corporation, partnership, joint |
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venture, limited partnership, limited liability partnership, or |
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limited liability company, including a wholly owned subsidiary, |
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majority-owned subsidiary, parent company, or affiliate of those |
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entities or business associations, that exists to make a profit. |
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(2) "Governmental entity" means this state, a |
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political subdivision of this state, or an agency of this state or a |
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political subdivision of this state. |
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(b) Except as otherwise provided by Subsection (d), a |
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governmental entity may not acquire or use an unmanned aircraft |
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produced by a company that the governmental entity knows or has |
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reason to believe is: |
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(1) owned by or the majority of stock or other |
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ownership interest of the company is held or controlled by: |
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(A) individuals who are citizens of China; or |
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(B) a company or other entity, including a |
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government entity, that is owned or controlled by citizens of or is |
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directly controlled by the government of China; or |
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(2) headquartered in China. |
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(c) The prohibition described by Subsection (b) applies |
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regardless of whether: |
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(1) the company's or its parent company's securities |
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are publicly traded; or |
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(2) the company or its parent company is listed on a |
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public stock exchange as a Chinese company. |
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(d) A governmental entity that, before September 1, 2023, |
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acquired, or entered into a contract or agreement to acquire, an |
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unmanned aircraft described by Subsection (b) may continue to use |
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the unmanned aircraft after that date, except that for each |
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acquisition of an unmanned aircraft that is not prohibited under |
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Subsection (b) that occurs on or after September 1, 2023, the |
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governmental entity must discontinue use of an unmanned aircraft |
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described by Subsection (b). |
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(e) Not later than October 1 of each even-numbered year, a |
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governmental entity that continues to use an unmanned aircraft as |
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described by Subsection (d) must submit the following information |
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for the preceding state fiscal biennium to the Department of Public |
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Safety in the form and manner prescribed by the department: |
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(1) the number and percentage of the governmental |
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entity's unmanned aircraft that are described by Subsection (b); |
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(2) the number of unmanned aircraft acquired; |
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(3) the number and percentage of unmanned aircraft |
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described by Subsection (b) that the governmental entity |
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discontinued using; and |
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(4) any other information prescribed by the |
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department. |
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(f) Not later than December 1 of each even-numbered year, |
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the Department of Public Safety shall submit to the governor, the |
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lieutenant governor, and the legislature a report summarizing the |
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information received by the department under Subsection (e) for the |
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preceding state fiscal biennium. |
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SECTION 3. Section 423.010(b), Government Code, as added by |
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this Act: |
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(1) applies to the acquisition of an unmanned aircraft |
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on or after the effective date of this Act, except that a contract |
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or agreement to purchase or otherwise acquire an unmanned aircraft |
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described by that section that is entered into before the effective |
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date of this Act is unaffected by this Act; and |
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(2) except as otherwise provided by Section |
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423.010(d), as added by this Act, applies to the use of an unmanned |
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aircraft on or after the effective date of this Act, regardless of |
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whether the unmanned aircraft was acquired before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |