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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 83rd Legislature, Regular Session, 2013, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 912 (images captured by |
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unmanned aircraft and other images and recordings; providing |
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penalties) to consider and take action on the following matters: |
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(1) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to change text not in disagreement in proposed |
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SECTION 2 of the bill, in added Section 423.002(a), Government |
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Code, to read as follows: |
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(a) It is lawful to capture an image by an unmanned aircraft |
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in this state: |
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Explanation: This change is necessary to address grammatical |
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and other inconsistencies created by senate amendments to this |
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section. |
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(2) House Rule 13, Sections 9(a)(1) and (2), are suspended |
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to permit the committee to change and omit text not in disagreement |
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in proposed SECTION 2 of the bill, in added Section 423.002(a)(4), |
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Government Code, to read as follows: |
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(4) by a satellite for the purposes of mapping; |
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Explanation: This change is necessary to delete unnecessary |
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text. |
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(3) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement in proposed SECTION 2 |
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of the bill, in added Section 423.002(a), Government Code, by |
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omitting proposed Subdivisions (5) and (6), which read as follows: |
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(5) by a manufacturer or distributor of the unmanned |
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vehicle or unmanned aircraft in connection with the development, |
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manufacture, testing, or research of the vehicle or the aircraft; |
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(6) by a manufacturer or distributor incidental to the |
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activities authorized under Subdivision (5) and the manufacturer or |
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distributor discloses the image voluntarily to law enforcement |
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because the manufacturer or distributor reasonably believes the |
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image shows the commission of an offense; |
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Explanation: The omission of the text is necessary to remove |
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exceptions to the application of the chapter. |
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(4) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement in proposed SECTION 2 |
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of the bill, in added Section 423.003(a), Government Code, by |
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omitting proposed Subdivision (2), which reads as follows: |
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(2) real property in this state, on which a primary or |
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secondary school or a licensed child-care facility is operated or |
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an individual located on that property, with the intent to conduct |
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surveillance |
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Explanation: This change is necessary to remove an offense. |
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(5) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter which is not included in |
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either the house or the senate version of the bill by adding the |
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following text to SECTION 2 of the bill: |
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Sec. 423.008. REPORTING BY LAW ENFORCEMENT AGENCY. (a) No |
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earlier than January 1 and no later than January 15 of each |
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odd-numbered year, a municipal or county law enforcement agency |
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located in a city or county with a population greater than 150,000, |
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or a state law enforcement agency, that used or operated an unmanned |
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aircraft during the preceding 24 months shall issue a written |
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report to each member of the Texas Legislature, including the |
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Governor and Lieutenant Governor, retain the report for public |
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viewing and post the report on the law enforcement agency's |
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publicly accessible website, if one exists. The report shall |
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contain: |
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(a) the number of times an unmanned aircraft was operated, |
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organized by date, time, location, types of incidents, and the |
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types of justification for operation; |
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(b) the number of criminal investigations aided by the |
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operation of an unmanned aircraft and a description of how the |
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unmanned aircraft aided each investigation; |
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(c) the date, location, and number of times an unmanned |
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aircraft was operated for reasons other than a criminal |
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investigation and a description of how the unmanned aircraft aided |
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each operation; |
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(d) the frequency and type of information collected on an |
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individual, residence, property or area that was not the subject of |
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an operation; and |
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(e) the total cost of acquisition, maintenance, repair, and |
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operation the unmanned aircraft or unmanned aircrafts for the |
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preceding 24 months. |
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Explanation: This addition is necessary to provide for a |
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publicly available report regarding law enforcement use of unmanned |
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aircraft in this state. |