Bill Text: TX HB3082 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to investigating and prosecuting the criminal offense of operating an unmanned aircraft over or near certain facilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB3082 Detail]
Download: Texas-2019-HB3082-Enrolled.html
H.B. No. 3082 |
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relating to investigating and prosecuting the criminal offense of | ||
operating an unmanned aircraft over or near certain facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 423.0045(a)(1), Government Code, as | ||
amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of | ||
the 85th Legislature, Regular Session, 2017, is reenacted to read | ||
as follows: | ||
(1) "Correctional facility" means: | ||
(A) a confinement facility operated by or under | ||
contract with any division of the Texas Department of Criminal | ||
Justice; | ||
(B) a municipal or county jail; | ||
(C) a confinement facility operated by or under | ||
contract with the Federal Bureau of Prisons; or | ||
(D) a secure correctional facility or secure | ||
detention facility, as defined by Section 51.02, Family Code. | ||
SECTION 2. Section 423.0045(a)(1-a), Government Code, is | ||
reenacted to conform to the changes made to Section 423.0045(a)(1), | ||
Government Code, by Chapter 824 (H.B. 1643), Acts of the 85th | ||
Legislature, Regular Session, 2017, and is further amended to read | ||
as follows: | ||
(1-a) "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 or any structure used as part of a system to | ||
provide wired or wireless telecommunications services; | ||
(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; | ||
(xii) a dam that is classified as a high | ||
hazard by the Texas Commission on Environmental Quality; [ |
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(xiii) a concentrated animal feeding | ||
operation, as defined by Section 26.048, Water Code; or | ||
(xiv) a military installation owned or | ||
operated by or for the federal government, the state, or another | ||
governmental entity; or | ||
(B) if enclosed by a fence or other physical | ||
barrier obviously designed to exclude intruders: | ||
(i) any portion of an aboveground oil, gas, | ||
or chemical pipeline; | ||
(ii) an oil or gas drilling site; | ||
(iii) a group of tanks used to store crude | ||
oil, such as a tank battery; | ||
(iv) an oil, gas, or chemical production | ||
facility; | ||
(v) an oil or gas wellhead; or | ||
(vi) any oil and gas facility that has an | ||
active flare. | ||
SECTION 3. Section 423.0045, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) A person commits an offense if the person with criminal | ||
negligence [ |
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(1) operates an unmanned aircraft over a correctional | ||
facility, detention facility, or 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 | ||
correctional facility, detention facility, or 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 correctional facility, detention facility, or | ||
critical infrastructure facility that is close enough to interfere | ||
with the operations of or cause a disturbance to the facility. | ||
(e) A peace officer who investigates an offense under this | ||
section shall notify the Department of Public Safety of the | ||
investigation. The department may require further information from | ||
the officer as the department determines necessary. | ||
SECTION 4. Section 423.0045(c), Government Code, as amended | ||
by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of the 85th | ||
Legislature, Regular Session, 2017, is reenacted to read as | ||
follows: | ||
(c) This section does not apply to: | ||
(1) conduct described by Subsection (b) that involves | ||
a correctional facility, detention facility, or critical | ||
infrastructure facility and is committed by: | ||
(A) the federal government, the state, or a | ||
governmental entity; | ||
(B) a person under contract with or otherwise | ||
acting under the direction or on behalf of the federal government, | ||
the state, or a governmental entity; | ||
(C) a law enforcement agency; | ||
(D) a person under contract with or otherwise | ||
acting under the direction or on behalf of a law enforcement agency; | ||
or | ||
(E) an operator of an unmanned aircraft that is | ||
being used for a commercial purpose, if the operation is conducted | ||
in compliance with: | ||
(i) each applicable Federal Aviation | ||
Administration rule, restriction, or exemption; and | ||
(ii) all required Federal Aviation | ||
Administration authorizations; or | ||
(2) conduct described by Subsection (b) that involves | ||
a critical infrastructure facility and is committed by: | ||
(A) an owner or operator of the critical | ||
infrastructure facility; | ||
(B) a person under contract with or otherwise | ||
acting under the direction or on behalf of an owner or operator of | ||
the critical infrastructure facility; | ||
(C) a person who has the prior written consent of | ||
the owner or operator of the critical infrastructure facility; or | ||
(D) 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. | ||
SECTION 5. Section 423.0045, Government Code, as amended 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 6. | ||
To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 7. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3082 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 141, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3082 on May 24, 2019, by the following vote: Yeas 142, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3082 was passed by the Senate, with | ||
amendments, on May 21, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |