Bill Text: TX HB3403 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the operation of an unmanned aircraft that is outside the direct line of sight of the operator of the aircraft; creating a criminal offense; imposing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Transportation [HB3403 Detail]
Download: Texas-2021-HB3403-Introduced.html
87R2069 JRR-D | ||
By: Cyrier | H.B. No. 3403 |
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relating to the operation of an unmanned aircraft that is outside | ||
the direct line of sight of the operator of the aircraft; creating a | ||
criminal offense; imposing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 3, Transportation Code, is amended by | ||
adding Chapter 27 to read as follows: | ||
CHAPTER 27. OPERATION OF UNMANNED AIRCRAFT OUTSIDE DIRECT LINE OF | ||
SIGHT OF OPERATOR | ||
Sec. 27.001. DEFINITIONS. In this chapter: | ||
(1) "Avigation easement" means an airspace corridor | ||
established by the department through which an unmanned aircraft | ||
may operate. | ||
(2) "Department" means the Texas Department of | ||
Transportation. | ||
(3) "Public safety unmanned aircraft" means an | ||
unmanned aircraft that is being operated for a public safety | ||
purpose, including responding to an emergency, by a governmental | ||
entity or a person under contract with a governmental entity. | ||
Sec. 27.002. APPLICABILITY. This chapter applies: | ||
(1) only to an unmanned aircraft that is being | ||
operated outside of the direct line of sight of the operator; and | ||
(2) only to the extent permitted by federal law. | ||
Sec. 27.003. RULES. The department may adopt rules as | ||
necessary to administer this chapter. | ||
Sec. 27.004. OPERATION OF UNMANNED AIRCRAFT IN AVIGATION | ||
EASEMENT REQUIRED; EXCEPTIONS. (a) Except as provided by | ||
Subsection (b), a person may not operate an unmanned aircraft that | ||
is outside the direct line of sight of the person unless the | ||
aircraft is being operated in an avigation easement. | ||
(b) This section does not apply to: | ||
(1) an unmanned aircraft that is being operated over: | ||
(A) federal land; or | ||
(B) property that is owned or leased by the | ||
operator of the unmanned aircraft; | ||
(2) a person who has the consent of the owner or lessee | ||
of the property over which the unmanned aircraft is being operated; | ||
or | ||
(3) a public safety unmanned aircraft that is being | ||
operated in response to an emergency, provided that the aircraft is | ||
not being used primarily for the collection of evidence or data. | ||
Sec. 27.005. ESTABLISHMENT OF AVIGATION EASEMENTS. (a) | ||
The department shall establish a system authorizing and regulating | ||
the operation of unmanned aircraft in avigation easements. | ||
(b) The department shall establish avigation easements | ||
over: | ||
(1) highways and roads under the jurisdiction of the | ||
department; | ||
(2) state-owned land that is subject to a ground | ||
easement; | ||
(3) the navigable water in this state; | ||
(4) land described by Subsection (d) following an | ||
application submitted to the department by a political subdivision | ||
under that subsection; and | ||
(5) land described by Subsection (e) following an | ||
application submitted to the department by a private landowner or | ||
owner of a ground easement under that subsection. | ||
(c) The department may establish avigation easements over | ||
any state-owned land, including state parks and beaches, public | ||
institutions of higher education, and other state-owned | ||
facilities. | ||
(d) A political subdivision may apply to the department in | ||
the manner prescribed by the department for the establishment of an | ||
avigation easement over: | ||
(1) a highway or road under the jurisdiction of the | ||
political subdivision; or | ||
(2) land owned by the political subdivision, including | ||
parks, beaches, and land that is subject to a ground easement. | ||
(e) A private landowner or the owner of a ground easement, | ||
other than the state or a political subdivision, may apply to the | ||
department in the manner prescribed by the department for the | ||
establishment of an avigation easement over the person's property | ||
or ground easement. | ||
(f) The sale or conveyance of property or a ground easement | ||
subject to an avigation easement under this section does not affect | ||
the validity of the avigation easement, provided that the new owner | ||
of the property or ground easement may terminate the avigation | ||
easement in accordance with Section 27.010. | ||
Sec. 27.006. AVIGATION EASEMENT BOUNDARIES. An avigation | ||
easement established under Section 27.005: | ||
(1) must be the same width as the boundaries of the | ||
property or ground easement subject to the avigation easement, | ||
except that an avigation easement in a residential area that is | ||
over: | ||
(A) a highway or road may not include any | ||
adjacent sidewalk or right-of-way; or | ||
(B) a utility easement may not extend more than | ||
five feet on either side of the centerline of the utility easement; | ||
and | ||
(2) may not be higher than 400 feet in height above | ||
ground level. | ||
Sec. 27.007. REQUIREMENTS FOR OPERATION IN AVIGATION | ||
EASEMENTS. (a) The department by rule shall establish minimum | ||
requirements for unmanned aircraft operating in avigation | ||
easements. | ||
(b) The minimum requirements must: | ||
(1) require an unmanned aircraft to: | ||
(A) be equipped with a transponder that allows | ||
the department to monitor the operations of the aircraft; | ||
(B) have the ability to: | ||
(i) avoid obstructions and other unmanned | ||
aircraft in the avigation easement; and | ||
(ii) automatically obscure facial features | ||
of individuals captured by incidental photos taken by the aircraft; | ||
(C) have sufficient safety features to minimize | ||
the danger to persons or property below an avigation easement | ||
resulting from system malfunctions or failures; and | ||
(D) operate at a height that is at least 50 feet | ||
above any obstruction that is in the aircraft's path; and | ||
(2) prohibit an unmanned aircraft from operating at a | ||
height that is less than 50 feet above ground level except for | ||
purposes of launching or landing the aircraft. | ||
Sec. 27.008. ENTERING AND EXITING AVIGATION EASEMENT FOR | ||
PURPOSES OF LAUNCHING OR LANDING UNMANNED AIRCRAFT. For purposes | ||
of entering or exiting an avigation easement, a person may only | ||
launch an unmanned aircraft from or land the aircraft on: | ||
(1) property that is owned or leased by the operator of | ||
the unmanned aircraft; | ||
(2) property for which the person has obtained the | ||
consent of the owner or lessee of the property to launch the | ||
aircraft from or land the aircraft on; or | ||
(3) property subject to an avigation easement, other | ||
than an avigation easement established under Section 27.005(b)(5). | ||
Sec. 27.009. USER FEES. (a) The department shall charge a | ||
person operating an unmanned aircraft in an avigation easement, | ||
other than a public safety unmanned aircraft, a fee for operating | ||
the aircraft in the avigation easement. | ||
(b) In setting the amount of fees under this section, the | ||
department shall allow an operator of an unmanned aircraft to: | ||
(1) pay a fee based on each minute the unmanned | ||
aircraft is operated in an avigation easement; or | ||
(2) purchase a plan that grants the operator unlimited | ||
or limited access to operate in avigation easements for a flat fee. | ||
(c) Fees collected under this section that are attributable | ||
to an avigation easement established under Section 27.005(b)(1), | ||
(2), or (3) or 27.005(c) shall be deposited to credit of the general | ||
revenue fund and may be used only by the department for the | ||
administration of this chapter. | ||
(d) The department shall remit the portion of the fees | ||
collected under this section that are attributable to an avigation | ||
easement established under Section 27.005(b)(4) or (5) to the | ||
political subdivision, private landowner, or owner of a ground | ||
easement whose property or ground easement is subject to the | ||
avigation easement. | ||
(e) The department shall establish a method for determining | ||
the portion of the fee described by Subsection (b)(2) that is | ||
attributable to each avigation easement. | ||
Sec. 27.010. TERMINATION OF AVIGATION EASEMENT. (a) The | ||
department may not terminate an avigation easement established | ||
under Section 27.005(b)(1), (2), or (3). The department on its own | ||
initiative may terminate an avigation easement established under | ||
Section 27.005(c). | ||
(b) A person who owns property or a ground easement that is | ||
subject to an avigation easement established under Section | ||
27.005(b)(4) or (5) may terminate the avigation easement by | ||
submitting to the department in the manner prescribed by the | ||
department a request to terminate the avigation easement. | ||
(c) Notwithstanding any other provision of this section, | ||
the department may not terminate an avigation easement unless the | ||
department has provided public notice of the termination at least | ||
30 days before the date that the termination takes effect. | ||
Sec. 27.011. GEOFENCING OF CERTAIN PRIVATE PROPERTY. A | ||
person who owns private property that is not subject to an avigation | ||
easement under Section 27.005 may geofence the property to prohibit | ||
an unmanned aircraft from operating over the property, provided | ||
that the geofencing may not prohibit a public safety unmanned | ||
aircraft that is being operated in response to an emergency from | ||
operating over the property. | ||
Sec. 27.012. OFFENSE. (a) A person commits an offense if | ||
the person operates an unmanned aircraft in violation of this | ||
chapter or a rule adopted under this chapter. | ||
(b) 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, 2021. |