Bill Text: TX HB2167 | 2015-2016 | 84th Legislature | Enrolled


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

Spectrum: Bipartisan Bill

Status: (Enrolled) 2015-05-22 - Sent to the Governor [HB2167 Detail]

Download: Texas-2015-HB2167-Enrolled.html
 
 
  H.B. No. 2167
 
 
 
 
AN ACT
  r
  elating 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 [purposes] 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:
                     (A)  for operations and maintenance of utility
  facilities for the purpose of maintaining utility system
  reliability and integrity;
                     (B)  for inspecting utility 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 easements; and
                     (D)  for utility facility routing and siting for
  the purpose of providing utility 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;
               (16)  of public real property or a person on that
  property;
               (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;
               (18)  in connection with oil pipeline safety and rig
  protection; [or]
               (19)  in connection with port authority surveillance
  and security;
               (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
               (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.
         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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2167 was passed by the House on April
  23, 2015, by the following vote:  Yeas 139, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2167 on May 20, 2015, by the following vote:  Yeas 142, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2167 was passed by the Senate, with
  amendments, on May 18, 2015, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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