Bill Text: TX HB106 | 2017-2018 | 85th Legislature | Engrossed

---

Bill Title: Relating to certain images captured by an unmanned aircraft.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2017-05-01 - Received from the House [HB106 Detail]

Download: Texas-2017-HB106-Engrossed.html

---

By: Martinez, Guillen, Blanco H.B. No. 106

A BILL TO BE ENTITLED
AN ACT
relating to certain images captured by an unmanned aircraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 423.002(a), Government Code, is amended
to read as follows:
(a) It is lawful to capture an image using an unmanned
aircraft in this state:
(1) for the purpose of professional or scholarly
research and development or for another academic purpose by a
person acting on behalf of an institution of higher education or a
private or independent institution of higher education, as those
terms are defined by Section 61.003, Education Code, including a
person who:
(A) is a professor, employee, or student of the
institution; or
(B) is under contract with or otherwise acting
under the direction or on behalf of the institution;
(2) in airspace designated as a test site or range
authorized by the Federal Aviation Administration for the purpose
of integrating unmanned aircraft systems into the national
airspace;
(3) as part of an operation, exercise, or mission of
any branch of the United States military;
(4) if the image is captured by a satellite for the
purposes of mapping;
(5) if the image is captured by or for an electric or
natural gas utility or a telecommunications provider:
(A) for operations and maintenance of utility or
telecommunications facilities for the purpose of maintaining
utility or telecommunications system reliability and integrity;
(B) for inspecting utility or telecommunications
facilities to determine repair, maintenance, or replacement needs
during and after construction of such facilities;
(C) for assessing vegetation growth for the
purpose of maintaining clearances on utility or telecommunications
easements; and
(D) for utility or telecommunications facility
routing and siting for the purpose of providing utility or
telecommunications service;
(6) with the consent of the individual who owns or
lawfully occupies the real property captured in the image;
(7) pursuant to a valid search or arrest warrant;
(8) if the image is captured by a law enforcement
authority or a person who is under contract with or otherwise acting
under the direction or on behalf of a law enforcement authority:
(A) in immediate pursuit of a person law
enforcement officers have reasonable suspicion or probable cause to
suspect has committed an offense, not including misdemeanors or
offenses punishable by a fine only;
(B) for the purpose of documenting a crime scene
where an offense, not including misdemeanors or offenses punishable
by a fine only, has been committed;
(C) for the purpose of investigating the scene
of:
(i) a human fatality;
(ii) a motor vehicle accident causing death
or serious bodily injury to a person; or
(iii) any motor vehicle accident on a state
highway or federal interstate or highway;
(D) in connection with the search for a missing
person;
(E) for the purpose of conducting a high-risk
tactical operation that poses a threat to human life; or
(F) of private property that is generally open to
the public where the property owner consents to law enforcement
public safety responsibilities;
(9) if the image is captured by state or local law
enforcement authorities, or a person who is under contract with or
otherwise acting under the direction or on behalf of state
authorities, for the purpose of:
(A) surveying the scene of a catastrophe or other
damage to determine whether a state of emergency should be
declared;
(B) preserving public safety, protecting
property, or surveying damage or contamination during a lawfully
declared state of emergency; or
(C) conducting routine air quality sampling and
monitoring, as provided by state or local law;
(10) at the scene of a spill, or a suspected spill, of
hazardous materials;
(11) for the purpose of fire suppression;
(12) for the purpose of rescuing a person whose life or
well-being is in imminent danger;
(13) if the image is captured by a Texas licensed real
estate broker in connection with the marketing, sale, or financing
of real property, provided that no individual is identifiable in
the image;
(14) [of real property or a person on real property
that is within 25 miles of the United States border;
[(15)] from a height no more than eight feet above
ground level in a public place, if the image was captured without
using any electronic, mechanical, or other means to amplify the
image beyond normal human perception;
(15) [(16)] of public real property or a person on
that property;
(16) [(17)] if the image is captured by the owner or
operator of an oil, gas, water, or other pipeline for the purpose of
inspecting, maintaining, or repairing pipelines or other related
facilities, and is captured without the intent to conduct
surveillance on an individual or real property located in this
state;
(17) [(18)] in connection with oil pipeline safety and
rig protection;
(18) [(19)] in connection with port authority
surveillance and security;
(19) [(20)] if the image is captured by a registered
professional land surveyor in connection with the practice of
professional surveying, as those terms are defined by Section
1071.002, Occupations Code, provided that no individual is
identifiable in the image; [or]
(20) [(21)] if the image is captured by a professional
engineer licensed under Subchapter G, Chapter 1001, Occupations
Code, in connection with the practice of engineering, as defined by
Section 1001.003, Occupations Code, provided that no individual is
identifiable in the image;
(21) if the image is captured by an employee of an
insurance company or of an affiliate of the company in connection
with the underwriting of an insurance policy, or the rating or
adjusting of an insurance claim, regarding real property or a
structure on real property and if the operator of the unmanned
aircraft is authorized by the Federal Aviation Administration to
conduct operations within the airspace from which the image is
captured; or
(22) if:
(A) the image is captured only for the purpose of
delivering consumer goods that were ordered through an Internet
website or mobile application and the operator of the unmanned
aircraft is authorized by the Federal Aviation Administration to
conduct operations within the airspace from which the image is
captured;
(B) the image is necessary to the purpose
described by Paragraph (A), including images captured for purposes
of navigation or ensuring public safety;
(C) no individual is identifiable in the image;
(D) the image is not publicly displayed,
distributed, or disclosed; and
(E) the original image, and all copies and
backups of the image, are destroyed promptly following the delivery
of the consumer goods described by Paragraph (A).
SECTION 2. 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 3. This Act takes effect September 1, 2017.