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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of an unmanned aircraft over a public |
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school instructional facility; creating a criminal offense. |
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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 423.0047 to read as follows: |
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Sec. 423.0047. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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PUBLIC SCHOOL INSTRUCTIONAL FACILITY. (a) In this section, |
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"instructional facility" has the meaning assigned by Section |
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46.001, Education Code. |
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(b) A person commits an offense if the person knowingly |
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operates an unmanned aircraft over an instructional facility owned |
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or leased by a school district or open-enrollment charter school. |
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(c) This section does not apply to conduct described by |
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Subsection (b) that is engaged in by: |
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(1) the federal government, the state, a governmental |
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entity, or a law enforcement agency; |
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(2) a person under contract with or otherwise acting |
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under the direction of or on behalf of the federal government, the |
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state, a governmental entity, or a law enforcement agency; |
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(3) an operator of an unmanned aircraft that is being |
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used for a commercial purpose, if: |
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(A) the operation is conducted in compliance with |
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all applicable Federal Aviation Administration rules, |
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restrictions, and exemptions; and |
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(B) the operator obtains all required Federal |
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Aviation Administration authorizations; |
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(4) a person who has the prior written consent of the |
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principal, the vice principal, or a school resource officer or |
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peace officer assigned to the instructional facility; or |
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(5) a person who is younger than 14 years of age. |
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(d) If the principal, the vice principal, or a school |
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resource officer or peace officer assigned to an instructional |
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facility witnesses the operation of an unmanned aircraft over the |
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instructional facility, the principal, vice principal, or officer |
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may temporarily take possession of the unmanned aircraft for the |
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purpose of providing the unmanned aircraft to a local law |
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enforcement agency as evidence of an offense under Subsection (b). |
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(e) A judge having jurisdiction of an offense under |
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Subsection (b) may dismiss a charge for an offense described by that |
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subsection if: |
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(1) the defendant is younger than 17 years of age at |
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the time of the offense; and |
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(2) the judge finds that the defendant did not |
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intentionally commit the offense. |
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(f) Before dismissing a charge under Subsection (e), the |
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judge shall issue to the defendant a warning and refer the defendant |
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to an educational program on drone safety and aviation laws. |
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(g) An offense under this section is a Class C misdemeanor, |
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except that the offense is a Class B misdemeanor if the actor has |
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previously been convicted under: |
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(1) this section; |
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(2) Section 423.0045; or |
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(3) Section 423.0046. |
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SECTION 2. This Act takes effect September 1, 2025. |