Bill Text: TX HB1481 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to prohibiting the operation of an unmanned aircraft over certain facilities; creating a criminal offense.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB1481 Detail]
Download: Texas-2015-HB1481-Enrolled.html
H.B. No. 1481 |
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relating to prohibiting the operation of an unmanned aircraft over | ||
certain facilities; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 423, Government Code, is amended by | ||
adding Section 423.0045 to read as follows: | ||
Sec. 423.0045. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER | ||
CRITICAL INFRASTRUCTURE FACILITY. (a) In this section: | ||
(1) "Critical infrastructure facility" means: | ||
(A) one of the following, if completely enclosed | ||
by a fence or other physical barrier that is obviously designed to | ||
exclude intruders, or if clearly marked with a sign or signs that | ||
are posted on the property, are reasonably likely to come to the | ||
attention of intruders, and indicate that entry is forbidden: | ||
(i) a petroleum or alumina refinery; | ||
(ii) an electrical power generating | ||
facility, substation, switching station, or electrical control | ||
center; | ||
(iii) a chemical, polymer, or rubber | ||
manufacturing facility; | ||
(iv) a water intake structure, water | ||
treatment facility, wastewater treatment plant, or pump station; | ||
(v) a natural gas compressor station; | ||
(vi) a liquid natural gas terminal or | ||
storage facility; | ||
(vii) a telecommunications central | ||
switching office; | ||
(viii) a port, railroad switching yard, | ||
trucking terminal, or other freight transportation facility; | ||
(ix) a gas processing plant, including a | ||
plant used in the processing, treatment, or fractionation of | ||
natural gas; | ||
(x) a transmission facility used by a | ||
federally licensed radio or television station; | ||
(xi) a steelmaking facility that uses an | ||
electric arc furnace to make steel; or | ||
(xii) a dam that is classified as a high | ||
hazard by the Texas Commission on Environmental Quality; or | ||
(B) any portion of an aboveground oil, gas, or | ||
chemical pipeline that is enclosed by a fence or other physical | ||
barrier that is obviously designed to exclude intruders. | ||
(2) "Dam" means any barrier, including any appurtenant | ||
structures, that is constructed for the purpose of permanently or | ||
temporarily impounding water. | ||
(b) A person commits an offense if the person intentionally | ||
or knowingly: | ||
(1) operates an unmanned aircraft over a critical | ||
infrastructure facility and the unmanned aircraft is not higher | ||
than 400 feet above ground level; | ||
(2) allows an unmanned aircraft to make contact with a | ||
critical infrastructure facility, including any person or object on | ||
the premises of or within the facility; or | ||
(3) allows an unmanned aircraft to come within a | ||
distance of a critical infrastructure facility that is close enough | ||
to interfere with the operations of or cause a disturbance to the | ||
facility. | ||
(c) This section does not apply to conduct described by | ||
Subsection (b) that is committed by: | ||
(1) the federal government, the state, or a | ||
governmental entity; | ||
(2) a person under contract with or otherwise acting | ||
under the direction or on behalf of the federal government, the | ||
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 critical | ||
infrastructure facility; | ||
(6) a person under contract with or otherwise acting | ||
under the direction or on behalf of an owner or operator of the | ||
critical infrastructure facility; | ||
(7) a person who has the prior written consent of the | ||
owner or operator of the critical infrastructure facility; | ||
(8) the owner or occupant of the property on which the | ||
critical infrastructure facility is located or a person who has the | ||
prior written consent of the owner or occupant of that property; or | ||
(9) an operator of an unmanned aircraft that is being | ||
used for a commercial purpose, if the operator is authorized by the | ||
Federal Aviation Administration to conduct operations over that | ||
airspace. | ||
(d) An offense under this section is a Class B misdemeanor, | ||
except that the offense is a Class A misdemeanor if the actor has | ||
previously been convicted under this section. | ||
SECTION 2. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1481 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 140, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1481 on May 27, 2015, by the following vote: Yeas 140, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1481 was passed by the Senate, with | ||
amendments, on May 24, 2015, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |