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
 
 
 
 
AN ACT
  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       
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