| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the operation of an unmanned aircraft over a spaceport; |
|
|
creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 42.15, Penal Code, is |
|
|
amended to read as follows: |
|
|
Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT, |
|
|
[OR] MILITARY INSTALLATION, OR SPACEPORT. |
|
|
SECTION 2. Section 42.15(a), Penal Code, is amended by |
|
|
adding Subdivision (3) to read as follows: |
|
|
(3) "Spaceport" means any property or facility that |
|
|
is: |
|
|
(A) used for the launch, landing, or recovery of |
|
|
spacecraft, as defined by Section 507.001, Local Government Code; |
|
|
and |
|
|
(B) licensed by the Federal Aviation |
|
|
Administration or operated by a spaceport development corporation |
|
|
under Chapter 507, Local Government Code. |
|
|
SECTION 3. Sections 42.15(b) and (c), Penal Code, are |
|
|
amended to read as follows: |
|
|
(b) A person commits an offense if the person intentionally |
|
|
or knowingly: |
|
|
(1) operates an unmanned aircraft over an airport, |
|
|
[or] military installation, or spaceport; |
|
|
(2) allows an unmanned aircraft to make contact with |
|
|
an airport, [or] military installation, or spaceport, including any |
|
|
person or object on the premises of or within the airport, [or] |
|
|
military installation, or spaceport; or |
|
|
(3) operates an unmanned aircraft in a manner that |
|
|
interferes with the operations of or causes a disturbance to an |
|
|
airport, [or] military installation, or spaceport. |
|
|
(c) It is a defense to prosecution under this section that |
|
|
the conduct described by Subsection (b) was engaged in by: |
|
|
(1) the federal government, this state, or a |
|
|
governmental entity; |
|
|
(2) a person under contract with or otherwise acting |
|
|
under the direction or on behalf of the federal government, this |
|
|
state, or a governmental entity; |
|
|
(3) a law enforcement agency; |
|
|
(4) a person under contract with or otherwise acting |
|
|
under the direction or on behalf of a law enforcement agency; |
|
|
(5) an owner or operator of the airport, [or] military |
|
|
installation, or spaceport; |
|
|
(6) a person under contract with or otherwise acting |
|
|
under the direction or on behalf of an owner or operator of the |
|
|
airport, [or] military installation, or spaceport; |
|
|
(7) a person who has the prior written or electronic |
|
|
authorization of: |
|
|
(A) the owner or operator of the airport, [or] |
|
|
military installation, or spaceport; or |
|
|
(B) the Federal Aviation Administration; or |
|
|
(8) the owner or occupant of the property on which the |
|
|
airport, [or] military installation, or spaceport is located or a |
|
|
person who has the prior written consent of the owner or occupant of |
|
|
that property. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |