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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the acquisition or use of certain unmanned |
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aircraft by a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 423, Government Code, is |
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amended to read as follows: |
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CHAPTER 423. [USE OF] UNMANNED AIRCRAFT |
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SECTION 2. Chapter 423, Government Code, is amended by |
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adding Section 423.010 to read as follows: |
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Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN |
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UNMANNED AIRCRAFT BY GOVERNMENTAL ENTITY PROHIBITED. (a) In this |
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section: |
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(1) "Company" means a sole proprietorship, |
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organization, association, corporation, partnership, joint |
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venture, limited partnership, limited liability partnership, or |
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limited liability company, including a wholly owned subsidiary, |
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majority-owned subsidiary, parent company, or affiliate of those |
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entities or business associations, that exists to make a profit. |
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(2) "Governmental entity" means this state, a |
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political subdivision of this state, or an agency of this state or a |
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political subdivision of this state. |
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(b) A governmental entity may not acquire or use an unmanned |
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aircraft or any related services or equipment produced by a company |
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that the governmental entity knows or has reason to believe is: |
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(1) owned by or the majority of stock or other |
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ownership interest of the company is held or controlled by: |
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(A) by the government of China, Iran, North |
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Korea, Russia, or Syria; or |
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(B) a company or other entity, including a |
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government entity, that is owned or controlled by the government of |
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China, Iran, North Korea, Russia, or Syria; or |
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(2) headquartered in China, Iran, North Korea, Russia, |
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or Syria. |
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(c) The prohibition described by Subsection (b) applies |
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regardless of whether: |
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(1) the company's or its parent company's securities |
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are publicly traded; or |
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(2) the company or its parent company is listed on a |
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public stock exchange as a Chinese, Iranian, North Korean, Russian, |
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or Syrian company. |
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(d) The Department of Information Resources shall include |
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companies described by Subsection (b) and Subsection (c) in the |
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Model Security Plan for Prohibited Technologies and make the plan |
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available to governmental entities. |
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(d-1) The Model Security Plan for Prohibited Technologies |
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described in Subsection (d) shall include, without limitation, |
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companies listed in Section 889 of the federal National Defense |
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Authorization Act. |
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(d-2) The Model Security Plan for Prohibited Technologies |
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described in Subsection (d) shall include companies who are |
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excluded by future Acts of Congress, or federal administrative |
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rulemaking. |
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(d-3) The Model Security Plan for Prohibited Technologies |
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described in Subsection (d) shall include any other companies The |
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Department of Information Resources deems unsuitable for use by a |
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public agency. |
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SECTION 3. Section 423.010, Government Code, as added by |
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this Act: |
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(1) applies to the acquisition of unmanned aircraft or |
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any related services or equipment on or after the effective date of |
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this Act, except that a contract or agreement to purchase or |
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otherwise acquire an unmanned aircraft or related services or |
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equipment described by that section that is entered into before the |
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effective date of this Act is unaffected by this Act; |
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(2) applies to the use of an unmanned aircraft or any |
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related services or equipment two years after the effective date of |
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this Act, regardless of whether the unmanned aircraft or any |
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related services or equipment were acquired before, on, or after |
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the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |