Bill Text: TX HB3662 | 2025-2026 | 89th Legislature | Comm Sub
Bill Title: Relating to the operation of an unmanned aircraft over a primary or secondary school instructional facility; creating a criminal offense.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-05-13 - Placed on General State Calendar [HB3662 Detail]
Download: Texas-2025-HB3662-Comm_Sub.html
| 89R21772 MEW-F | |||
| By: Capriglione | H.B. No. 3662 | ||
| Substitute the following for H.B. No. 3662: | |||
| By: Buckley | C.S.H.B. No. 3662 | ||
|
|
||
|
|
||
| relating to the operation of an unmanned aircraft over a primary or | ||
| secondary school instructional facility; 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 423.0047 to read as follows: | ||
| Sec. 423.0047. OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER | ||
| PRIMARY OR SECONDARY SCHOOL INSTRUCTIONAL FACILITY. (a) In this | ||
| section, "instructional facility" means real property, an | ||
| improvement to real property, or a necessary fixture of an | ||
| improvement to real property that is used predominantly to provide | ||
| instruction to primary or secondary school students. | ||
| (b) A person commits an offense if the person knowingly | ||
| operates an unmanned aircraft over an instructional facility owned | ||
| or leased by a public or private primary or secondary school. | ||
| (c) This section does not apply to conduct described by | ||
| Subsection (b) that is engaged in by: | ||
| (1) the federal government, the state, a governmental | ||
| entity, or a law enforcement agency; | ||
| (2) a person under contract with or otherwise acting | ||
| under the direction of or on behalf of the federal government, the | ||
| state, a governmental entity, or a law enforcement agency; | ||
| (3) an operator of an unmanned aircraft that is being | ||
| used for a commercial purpose, if: | ||
| (A) the operation is conducted in compliance with | ||
| all applicable Federal Aviation Administration rules, | ||
| restrictions, and exemptions; and | ||
| (B) the operator obtains all required Federal | ||
| Aviation Administration authorizations; | ||
| (4) a person who has the prior written consent of the | ||
| principal, the vice principal, or a school resource officer or | ||
| peace officer assigned to the instructional facility; or | ||
| (5) a person who is younger than 14 years of age. | ||
| (d) If the principal, the vice principal, or a school | ||
| resource officer or peace officer assigned to an instructional | ||
| facility witnesses the operation of an unmanned aircraft over the | ||
| instructional facility, the principal, vice principal, or officer | ||
| may temporarily take possession of the unmanned aircraft for the | ||
| purpose of providing the unmanned aircraft to a local law | ||
| enforcement agency as evidence of an offense under Subsection (b). | ||
| (e) A judge having jurisdiction of an offense under | ||
| Subsection (b) may dismiss a charge for an offense described by that | ||
| subsection if: | ||
| (1) the defendant is younger than 17 years of age at | ||
| the time of the offense; and | ||
| (2) the judge finds that the defendant did not | ||
| intentionally commit the offense. | ||
| (f) Before dismissing a charge under Subsection (e), the | ||
| judge shall issue to the defendant a warning and refer the defendant | ||
| to an educational program on drone safety and aviation laws. | ||
| (g) An offense under this section is a Class C misdemeanor, | ||
| except that the offense is a Class B misdemeanor if the actor has | ||
| previously been convicted under: | ||
| (1) this section; | ||
| (2) Section 423.0045; or | ||
| (3) Section 423.0046. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
