H.B. No. 2167

	AN ACT
	r
	elating to certain images captured by an unmanned aircraft.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 423.002(a), Government Code, is amended
	to read as follows:
	(a)  It is lawful to capture an image using an unmanned
	aircraft in this state:
	(1)  for the purpose [purposes] of professional or
	scholarly research and development or for another academic purpose
	by a person acting on behalf of 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,
	including a person who:
	(A)  is a professor, employee, or student of the
	institution; or
	(B)  is under contract with or otherwise acting
	under the direction or on behalf of the institution;
	(2)  in airspace designated as a test site or range
	authorized by the Federal Aviation Administration for the purpose
	of integrating unmanned aircraft systems into the national
	airspace;
	(3)  as part of an operation, exercise, or mission of
	any branch of the United States military;
	(4)  if the image is captured by a satellite for the
	purposes of mapping;
	(5)  if the image is captured by or for an electric or
	natural gas utility:
	(A)  for operations and maintenance of utility
	facilities for the purpose of maintaining utility system
	reliability and integrity;
	(B)  for inspecting utility facilities to
	determine repair, maintenance, or replacement needs during and
	after construction of such facilities;
	(C)  for assessing vegetation growth for the
	purpose of maintaining clearances on utility easements; and
	(D)  for utility facility routing and siting for
	the purpose of providing utility service;
	(6)  with the consent of the individual who owns or
	lawfully occupies the real property captured in the image;
	(7)  pursuant to a valid search or arrest warrant;
	(8)  if the image is captured by a law enforcement
	authority or a person who is under contract with or otherwise acting
	under the direction or on behalf of a law enforcement authority:
	(A)  in immediate pursuit of a person law
	enforcement officers have reasonable suspicion or probable cause to
	suspect has committed an offense, not including misdemeanors or
	offenses punishable by a fine only;
	(B)  for the purpose of documenting a crime scene
	where an offense, not including misdemeanors or offenses punishable
	by a fine only, has been committed;
	(C)  for the purpose of investigating the scene
	of:
	(i)  a human fatality;
	(ii)  a motor vehicle accident causing death
	or serious bodily injury to a person; or
	(iii)  any motor vehicle accident on a state
	highway or federal interstate or highway;
	(D)  in connection with the search for a missing
	person;
	(E)  for the purpose of conducting a high-risk
	tactical operation that poses a threat to human life; or
	(F)  of private property that is generally open to
	the public where the property owner consents to law enforcement
	public safety responsibilities;
	(9)  if the image is captured by state or local law
	enforcement authorities, or a person who is under contract with or
	otherwise acting under the direction or on behalf of state
	authorities, for the purpose of:
	(A)  surveying the scene of a catastrophe or other
	damage to determine whether a state of emergency should be
	declared;
	(B)  preserving public safety, protecting
	property, or surveying damage or contamination during a lawfully
	declared state of emergency; or
	(C)  conducting routine air quality sampling and
	monitoring, as provided by state or local law;
	(10)  at the scene of a spill, or a suspected spill, of
	hazardous materials;
	(11)  for the purpose of fire suppression;
	(12)  for the purpose of rescuing a person whose life or
	well-being is in imminent danger;
	(13)  if the image is captured by a Texas licensed real
	estate broker in connection with the marketing, sale, or financing
	of real property, provided that no individual is identifiable in
	the image;
	(14)  of real property or a person on real property that
	is within 25 miles of the United States border;
	(15)  from a height no more than eight feet above ground
	level in a public place, if the image was captured without using any
	electronic, mechanical, or other means to amplify the image beyond
	normal human perception;
	(16)  of public real property or a person on that
	property;
	(17)  if the image is captured by the owner or operator
	of an oil, gas, water, or other pipeline for the purpose of
	inspecting, maintaining, or repairing pipelines or other related
	facilities, and is captured without the intent to conduct
	surveillance on an individual or real property located in this
	state;
	(18)  in connection with oil pipeline safety and rig
	protection; [or]
	(19)  in connection with port authority surveillance
	and security;
	(20)  if the image is captured by a registered
	professional land surveyor in connection with the practice of
	professional surveying, as those terms are defined by Section
	1071.002, Occupations Code, provided that no individual is
	identifiable in the image; or
	(21)  if the image is captured by a professional
	engineer licensed under Subchapter G, Chapter 1001, Occupations
	Code, in connection with the practice of engineering, as defined by
	Section 1001.003, Occupations Code, provided that no individual is
	identifiable in the image.
	SECTION 2.  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 3.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2167 was passed by the House on April
	23, 2015, by the following vote:  Yeas 139, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2167 on May 20, 2015, by the following vote:  Yeas 142, Nays 0,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2167 was passed by the Senate, with
	amendments, on May 18, 2015, by the following vote:  Yeas 30, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor