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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal and civil liability for disabling, damaging, |
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or destroying an unmanned aircraft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. AFFIRMATIVE DEFENSE: DISABLING, DAMAGING, OR |
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DESTROYING UNMANNED AIRCRAFT. It is an affirmative defense to |
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prosecution for an offense involving damage or destruction of |
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property under Section 28.03 or 28.04, Penal Code, or to civil |
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liability for the damage or destruction of an unmanned aircraft |
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that the person: |
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(1) was on property owned or legally occupied by the |
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person; |
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(2) used a firearm legally possessed by the person to |
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disable, damage, or destroy an unmanned aircraft that the person |
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did not authorize to be on or over the property; and |
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(3) was not prohibited from discharging the firearm |
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under Section 42.12, Penal Code, other law or local regulation, or a |
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dedicatory instrument governing use of the property. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, conduct occurs before the effective date |
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of this Act if any element of the conduct occurs before the |
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effective date. |
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SECTION 3. This Act takes effect September 1, 2025. |