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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 certain |
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facilities or sports venues; 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. The heading to Section 423.0045, Government |
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Code, is amended to read as follows: |
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Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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CORRECTIONAL FACILITY, DETENTION FACILITY, OR CRITICAL |
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INFRASTRUCTURE FACILITY. |
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SECTION 2. Section 423.0045(a), Government Code, is amended |
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by amending Subdivision (1) and adding Subdivisions (1-a) and (3) |
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to read as follows: |
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(1) "Correctional facility" means: |
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(A) a confinement facility operated by or under |
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contract with any division of the Texas Department of Criminal |
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Justice; |
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(B) a municipal or county jail; or |
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(C) a confinement facility operated by or under |
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contract with the Federal Bureau of Prisons. |
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(1-a) "Critical infrastructure facility" means: |
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(A) one of the following, if completely enclosed |
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by a fence or other physical barrier that is obviously designed to |
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exclude intruders, or if clearly marked with a sign or signs that |
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are posted on the property, are reasonably likely to come to the |
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attention of intruders, and indicate that entry is forbidden: |
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(i) a petroleum or alumina refinery; |
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(ii) an electrical power generating |
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facility, substation, switching station, or electrical control |
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center; |
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(iii) a chemical, polymer, or rubber |
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manufacturing facility; |
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(iv) a water intake structure, water |
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treatment facility, wastewater treatment plant, or pump station; |
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(v) a natural gas compressor station; |
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(vi) a liquid natural gas terminal or |
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storage facility; |
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(vii) a telecommunications central |
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switching office; |
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(viii) a port, railroad switching yard, |
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trucking terminal, or other freight transportation facility; |
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(ix) a gas processing plant, including a |
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plant used in the processing, treatment, or fractionation of |
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natural gas; |
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(x) a transmission facility used by a |
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federally licensed radio or television station; |
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(xi) a steelmaking facility that uses an |
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electric arc furnace to make steel; or |
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(xii) a dam that is classified as a high |
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hazard by the Texas Commission on Environmental Quality; or |
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(B) any portion of an aboveground oil, gas, or |
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chemical pipeline that is enclosed by a fence or other physical |
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barrier that is obviously designed to exclude intruders. |
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(3) "Detention facility" means a facility operated by |
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or under contract with United States Immigration and Customs |
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Enforcement for the purpose of detaining aliens and placing them in |
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removal proceedings. |
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SECTION 3. Sections 423.0045(b), (c), and (d), Government |
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Code, are amended to read as follows: |
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(b) A person commits an offense if the person intentionally |
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or knowingly: |
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(1) operates an unmanned aircraft over a correctional |
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facility, detention facility, or critical infrastructure facility |
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and the unmanned aircraft is not higher than 400 feet above ground |
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level; |
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(2) allows an unmanned aircraft to make contact with a |
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correctional facility, detention facility, or critical |
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infrastructure facility, including any person or object on the |
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premises of or within the facility; or |
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(3) allows an unmanned aircraft to come within a |
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distance of a correctional facility, detention facility, or |
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critical infrastructure facility that is close enough to interfere |
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with the operations of or cause a disturbance to the facility. |
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(c) This section does not apply to: |
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(1) conduct described by Subsection (b) that involves |
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a correctional facility, detention facility, or critical |
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infrastructure facility and is committed by: |
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(A) [(1)] the federal government, the state, or a |
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governmental entity; |
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(B) [(2)] a person under contract with or |
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otherwise acting under the direction or on behalf of the federal |
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government, the state, or a governmental entity; |
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(C) [(3)] a law enforcement agency; |
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(D) [(4)] a person under contract with or |
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otherwise acting under the direction or on behalf of a law |
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enforcement agency; or |
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(E) an operator of an unmanned aircraft that is |
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being used for a commercial purpose, if the operator is authorized |
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by the Federal Aviation Administration to conduct operations over |
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that airspace; or |
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(2) conduct described by Subsection (b) that involves |
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a critical infrastructure facility and is committed by: |
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(A) [(5)] an owner or operator of the critical |
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infrastructure facility; |
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(B) [(6)] a person under contract with or |
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otherwise acting under the direction or on behalf of an owner or |
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operator of the critical infrastructure facility; |
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(C) [(7)] a person who has the prior written |
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consent of the owner or operator of the critical infrastructure |
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facility; or |
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(D) [(8)] the owner or occupant of the property |
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on which the critical infrastructure facility is located or a |
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person who has the prior written consent of the owner or occupant of |
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that property[; or
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[(9)
an operator of an unmanned aircraft that is being
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used for a commercial purpose, if the operator is authorized by the
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Federal Aviation Administration to conduct operations over that
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airspace]. |
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(d) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section or Section 423.0046. |
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SECTION 4. Chapter 423, Government Code, is amended by |
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adding Section 423.0046 to read as follows: |
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Sec. 423.0046. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER |
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SPORTS VENUE. (a) In this section, "sports venue" means an arena, |
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automobile racetrack, coliseum, stadium, or other type of area or |
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facility that: |
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(1) has a seating capacity of 30,000 or more people; |
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and |
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(2) is primarily used for one or more professional or |
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amateur sports or athletics events. |
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(b) A person commits an offense if the person operates an |
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unmanned aircraft over a sports venue and the unmanned aircraft is |
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not higher than 400 feet above ground level. |
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(c) This section does not apply to conduct described by |
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Subsection (b) that is committed by: |
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(1) the federal government, the state, or a |
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governmental entity; |
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(2) a person under contract with or otherwise acting |
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under the direction or on behalf of the federal government, the |
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state, or a governmental entity; |
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(3) a law enforcement agency; |
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(4) a person under contract with or otherwise acting |
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under the direction or on behalf of a law enforcement agency; |
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(5) an operator of an unmanned aircraft that is being |
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used for a commercial purpose, if the operator is authorized by the |
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Federal Aviation Administration to conduct operations over the |
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airspace; |
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(6) an owner or operator of the sports venue; |
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(7) a person under contract with or otherwise acting |
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under the direction or on behalf of an owner or operator of the |
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sports venue; or |
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(8) a person who has the prior written consent of the |
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owner or operator of the sports venue. |
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(d) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section or Section 423.0045. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |