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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition or use of certain foreign equipment or |
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services 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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designating Sections 423.001 through 423.009 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. REGULATION OF UNMANNED AIRCRAFT |
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SECTION 3. Subchapter A, Chapter 423, Government Code, as |
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added by this Act, is amended by adding Section 423.010 to read as |
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follows: |
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Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN |
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UNMANNED AIRCRAFT OR RELATED EQUIPMENT OR SERVICES BY GOVERNMENTAL |
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ENTITY PROHIBITED. (a) 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) "Designated country" means a country identified by |
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the United States director of national intelligence as a country |
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that poses a risk to the national security of the United States in |
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at least one of the three most recent Annual Threat Assessments of |
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the U.S. Intelligence Community issued pursuant to Section 108B, |
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National Security Act of 1947 (50 U.S.C. Section 3043b). |
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(3) "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 provided by Subsection (d), a governmental |
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entity may not acquire or use an unmanned aircraft, or related |
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equipment or services, produced or provided by a company that the |
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governmental entity knows or has 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) the government of a designated country; 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 the government of |
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a designated country; or |
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(2) headquartered in a designated country. |
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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 company of a designated country. |
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(d) A governmental entity that, before January 1, 2026, |
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acquired, or entered into a contract or agreement to acquire, an |
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unmanned aircraft or related equipment or services described by |
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Subsection (b) may continue to use the unmanned aircraft or related |
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equipment or services until January 1, 2031. |
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SECTION 4. Chapter 423, Government Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. GRANT PROGRAM |
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Sec. 423.051. DEFINITION. In this subchapter, "program" |
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means the Law Enforcement Secure Unmanned Aircraft Grant Program |
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administered under this subchapter. |
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Sec. 423.052. ESTABLISHMENT OF PROGRAM. (a) From money |
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appropriated for the purpose, the office of the governor shall |
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establish a grant program under this subchapter to provide grants |
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to law enforcement agencies to replace working equipment prohibited |
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under Section 423.010 that was actively in use by the law |
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enforcement agencies immediately before January 1, 2026, and that |
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has not reached its end of life before that date. |
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(b) The governor's office shall award grants under the |
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program from money appropriated for purposes of the program. |
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Sec. 423.053. GRANT APPLICATION. (a) A law enforcement |
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agency may apply for a grant from the governor's office in the form |
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and manner prescribed by the governor's office. |
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(b) The grant application must include the number and types |
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of unmanned aircraft or related equipment that require replacement. |
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Sec. 423.054. USE OF FUNDS. Grant recipients may use funds |
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only to purchase replacement unmanned aircraft or related equipment |
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that complies with Section 423.010. |
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Sec. 423.055. SURRENDER OF REPLACED UNMANNED AIRCRAFT OR |
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RELATED EQUIPMENT. To enable the designated entity to study or |
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dispose of the aircraft or related equipment, a grant recipient |
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promptly shall surrender to an entity designated by the governor's |
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office the prohibited unmanned aircraft or related equipment with |
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respect to which the grant was awarded. |
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Sec. 423.056. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires on the second anniversary of the date that all money |
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appropriated for the grant program established under this |
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subchapter has been expended. |
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SECTION 5. Chapter 2054, Government Code, is amended by |
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adding Subchapter T to read as follows: |
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SUBCHAPTER T. MODEL SECURITY PLAN REGARDING CERTAIN FOREIGN |
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TELECOMMUNICATIONS OR VIDEO SURVEILLANCE TECHNOLOGIES |
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Sec. 2054.651. MODEL SECURITY PLAN FOR PROHIBITED OR |
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SUSPECT TECHNOLOGIES. (a) In this section, "company" and |
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"governmental entity" have the meanings assigned by Section |
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423.010. |
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(b) The department shall create and as necessary amend a |
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model security plan for prohibited or suspect technologies to |
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address a governmental entity's acquisition or use of |
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telecommunications or video surveillance equipment or services |
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that may present a risk to state security. |
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(c) The model security plan must list known companies that |
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produce or provide telecommunications or video surveillance |
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equipment or services that may present a risk to state security. |
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The list must include any foreign company that is: |
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(1) described by Section 423.010; |
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(2) prohibited from participating in federal |
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contracts under Section 889, John S. McCain National Defense |
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Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), or |
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other federal law; or |
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(3) considered by the department to pose a risk to |
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state security. |
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(d) The department shall make the model security plan |
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created under this section available to governmental entities. |
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SECTION 6. 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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or related equipment or services on or after the effective date of |
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this Act, except that a contract or agreement to purchase or |
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otherwise acquire an unmanned aircraft or related equipment or |
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services described by that subsection that is entered into before |
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January 1, 2026, is unaffected by this Act; and |
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(2) except as otherwise provided by Section |
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423.010(d), Government Code, as added by this Act, applies to the |
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use of an unmanned aircraft or related equipment or services on or |
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after January 1, 2026, regardless of whether the unmanned aircraft |
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or related equipment or services were acquired before, on, or after |
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that date. |
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SECTION 7. Not later than December 1, 2025, the Department |
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of Information Resources shall create the initial model security |
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plan required by Section 2054.651, Government Code, as added by |
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this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |