BILL ANALYSIS

C.S.H.B. 3662

By: Capriglione

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that, while drones offer numerous legitimate uses, unauthorized flights over school campuses may pose security threats or interfere with daily activities. Texas law currently limits drone activity over critical infrastructure and sports venues, but lacks a specific provision for instructional facilities. C.S.H.B. 3662 seeks to enhance the safety of Texas schools by establishing a criminal offense for knowingly operating an unmanned aircraft over an instructional facility.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3662 amends the Government Code to create the Class C misdemeanor offense of operation of an unmanned aircraft over a primary or secondary school instructional facility for a person who knowingly operates an unmanned aircraft over an instructional facility owned or leased by a public or private primary or secondary school. The bill defines "instructional facility" as real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly to provide instruction to primary or secondary school students. The bill exempts from the application of the offense conduct that is engaged in by the following:

· the federal government, the state, a governmental entity, or a law enforcement agency;

· a person under contract with or otherwise acting under the direction of or on behalf of the federal government, the state, a governmental entity, or a law enforcement agency;

· an operator of an unmanned aircraft that is being used for a commercial purpose, if the operator obtains all required Federal Aviation Administration (FAA) authorizations and the operation is conducted in compliance with all applicable FAA rules, restrictions, and exemptions;

· a person who has the prior written consent of the principal, the vice principal, or a school resource officer or peace officer assigned to the instructional facility; and

· a person who is younger than 14 years of age.

C.S.H.B. 3662 authorizes a principal, vice principal, or a school resource officer or peace officer assigned to an instructional facility who witnesses the operation of an unmanned aircraft over the instructional facility to take temporary possession of the unmanned aircraft for the purpose of providing the unmanned aircraft to a local law enforcement agency as evidence of an offense under the bill's provisions. The bill authorizes a judge having jurisdiction of such an offense to dismiss a charge for such an offense if the following conditions are met:

· the defendant is younger than 17 years of age at the time of the offense; and

· the judge finds that the defendant did not intentionally commit the offense.

The bill requires a judge, before dismissing such a charge, to issue to the defendant a warning and refer the defendant to an educational program on drone safety and aviation laws.

C.S.H.B. 3662 enhances the penalty for operating an unmanned aircraft over a public school instructional facility from a Class C misdemeanor to a Class B misdemeanor if the actor has previously been convicted of such an offense or of an offense of operating an unmanned aircraft over a critical infrastructure facility or over a sports venue.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3662 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced created an offense for a person who knowingly operates an unmanned aircraft over an instructional facility owned or leased by a public school district or open-enrollment charter school, the substitute creates an offense for a person who knowingly operates an unmanned aircraft over an instructional facility owned or leased by a public or private primary or secondary school. Accordingly, the substitute replaces the introduced version's definition of "instructional facility" by reference to Education Code provisions with a definition of "instructional facility" as real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly to provide instruction to primary or secondary school students.