Bill Text: TX HB1758 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to law enforcement's use of force by means of a drone.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB1758 Detail]
Download: Texas-2021-HB1758-Introduced.html
Bill Title: Relating to law enforcement's use of force by means of a drone.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB1758 Detail]
Download: Texas-2021-HB1758-Introduced.html
87R1044 JRR-D | ||
By: Krause | H.B. No. 1758 |
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relating to the operation and use of an unmanned aircraft; 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 423.0044 to read as follows: | ||
Sec. 423.0044. OFFENSE: OPERATION OF UNMANNED AIRCRAFT | ||
EQUIPPED WITH CERTAIN WEAPONS. (a) In this section: | ||
(1) "Chemical dispensing device," "explosive weapon," | ||
"firearm," and "improvised explosive device" have the meanings | ||
assigned by Section 46.01, Penal Code. | ||
(2) "State military forces" has the meaning assigned | ||
by Section 437.001. | ||
(b) A person commits an offense if the person operates an | ||
unmanned aircraft that is equipped with a chemical dispensing | ||
device, an explosive weapon, an improvised explosive device, or a | ||
firearm. | ||
(c) An offense under this section is a Class A misdemeanor. | ||
(d) It is a defense to prosecution under this section that: | ||
(1) the actor is the owner or occupant of the real | ||
property over which the unmanned aircraft was operated or the actor | ||
received the prior written consent of the owner or occupant of that | ||
property; | ||
(2) the unmanned aircraft was operated in the course | ||
of the actor's actual discharge of official duties as a member of | ||
the United States armed forces or the state military forces; or | ||
(3) the unmanned aircraft was: | ||
(A) equipped only with a chemical dispensing | ||
device or with a firearm containing nonlethal rounds; and | ||
(B) operated in the course of the actor's actual | ||
discharge of official duties as a peace officer. | ||
(e) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
SECTION 2. Subchapter E, Chapter 9, Penal Code, is amended | ||
by adding Section 9.54 to read as follows: | ||
Sec. 9.54. USE OF UNMANNED AIRCRAFT. (a) Notwithstanding | ||
any other law, the use of force involving an unmanned aircraft is | ||
justified under this subchapter only if: | ||
(1) the actor's use of force: | ||
(A) would have been justified under another | ||
provision of this subchapter; and | ||
(B) did not involve the use of deadly force; and | ||
(2) before the actor's use of force occurred, the | ||
governor, on a case-by-case basis, specifically approved the | ||
actor's use of force by means of an unmanned aircraft. | ||
(b) Notwithstanding any other law, the use of deadly force | ||
involving an unmanned aircraft is not justified under this | ||
subchapter. | ||
SECTION 3. Section 9.54, Penal Code, as added 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 4. This Act takes effect September 1, 2021. |