Bill Text: TX HB4084 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the operation of unmanned aircraft over certain facilities; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HB4084 Detail]
Download: Texas-2019-HB4084-Introduced.html
86R10821 JCG-F | ||
By: Walle | H.B. No. 4084 |
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relating to the operation of unmanned aircraft over certain | ||
facilities; 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 | ||
OR NEAR SCHOOL. (a) In this section, "school" means any | ||
instructional or noninstructional facility owned or operated by: | ||
(1) a public or private elementary or secondary | ||
school; or | ||
(2) 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. | ||
(b) A person commits an offense if the person intentionally | ||
or knowingly operates an unmanned aircraft over a school or within | ||
1,000 feet of the school. | ||
(c) This section does not apply to conduct described by | ||
Subsection (b) that is committed by: | ||
(1) the federal government, the state, or a | ||
governmental entity; | ||
(2) a person under contract with or otherwise acting | ||
under the direction or on behalf of the federal government, the | ||
state, or a governmental entity; | ||
(3) a law enforcement agency that provides to a school | ||
prior notice of the agency's operation of an unmanned aircraft over | ||
or near the school; | ||
(4) a person under contract with or otherwise acting | ||
under the direction or on behalf of a law enforcement agency that | ||
provides prior notice as described by Subdivision (3); | ||
(5) an operator of an unmanned aircraft that is being | ||
used for a commercial purpose, if the operation is conducted in | ||
compliance with: | ||
(A) each applicable Federal Aviation | ||
Administration rule, restriction, or exemption; and | ||
(B) all required Federal Aviation Administration | ||
authorizations; | ||
(6) a person under contract with or otherwise acting | ||
under the direction or on behalf of the governing body of the | ||
school; or | ||
(7) a person who has the prior written consent of the | ||
person who is primarily responsible for the security of the school. | ||
(d) 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 or Section 423.0045 or | ||
423.0046. | ||
SECTION 2. Section 423.0045(d), Government Code, is amended | ||
to read as follows: | ||
(d) 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 or Section 423.0046 or | ||
423.0047. | ||
SECTION 3. Section 423.0046(d), Government Code, is amended | ||
to read as follows: | ||
(d) 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 or Section 423.0045 or | ||
423.0047. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2019. |