Bill Text: TX HB3494 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the prosecution of the offense of operation of an unmanned aircraft over certain facilities and to the regulation of unmanned aircraft by certain political subdivisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-25 - Reported favorably w/o amendment(s) [HB3494 Detail]

Download: Texas-2019-HB3494-Introduced.html

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86R12183 JCG-F
By: Cole H.B. No. 3494

A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of operation of an
unmanned aircraft over certain facilities and to the regulation of
unmanned aircraft by certain political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 423.0045(a)(1), Government Code, as
amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(1) "Correctional facility" means:
(A) a confinement facility operated by or under
contract with any division of the Texas Department of Criminal
Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under
contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure
detention facility, as defined by Section 51.02, Family Code.
SECTION 2. Section 423.0045(a)(1-a), Government Code, is
reenacted to conform to the changes made to Section 423.0045(a)(1),
Government Code, by Chapter 824 (H.B. 1643), Acts of the 85th
Legislature, Regular Session, 2017, and is further amended to read
as follows:
(1-a) "Critical infrastructure facility" means:
(A) one of the following, if completely enclosed
by a fence or other physical barrier that is obviously designed to
exclude intruders, or if clearly marked with a sign or signs that
are posted on the property, are reasonably likely to come to the
attention of intruders, and indicate that entry is forbidden:
(i) a petroleum or alumina refinery;
(ii) an electrical power generating
facility, substation, switching station, or electrical control
center;
(iii) a chemical, polymer, or rubber
manufacturing facility;
(iv) a water intake structure, water
treatment facility, wastewater treatment plant, or pump station;
(v) a natural gas compressor station;
(vi) a liquid natural gas terminal or
storage facility;
(vii) a telecommunications central
switching office or any structure used as part of a system to
provide wired or wireless telecommunications services;
(viii) a port, railroad switching yard,
trucking terminal, or other freight transportation facility;
(ix) a gas processing plant, including a
plant used in the processing, treatment, or fractionation of
natural gas;
(x) a transmission facility used by a
federally licensed radio or television station;
(xi) a steelmaking facility that uses an
electric arc furnace to make steel;
(xii) a dam that is classified as a high
hazard by the Texas Commission on Environmental Quality; [or]
(xiii) a concentrated animal feeding
operation, as defined by Section 26.048, Water Code; or
(xiv) an airport, as defined by Section
22.001, Transportation Code, that serves commercial air carriers;
or
(B) if enclosed by a fence or other physical
barrier obviously designed to exclude intruders:
(i) any portion of an aboveground oil, gas,
or chemical pipeline;
(ii) an oil or gas drilling site;
(iii) a group of tanks used to store crude
oil, such as a tank battery;
(iv) an oil, gas, or chemical production
facility;
(v) an oil or gas wellhead; or
(vi) any oil and gas facility that has an
active flare.
SECTION 3. Section 423.0045(c), Government Code, as amended
by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
(c) This section does not apply to:
(1) conduct described by Subsection (b) that involves
a correctional facility, detention facility, or critical
infrastructure facility and is committed by:
(A) the federal government, the state, or a
governmental entity;
(B) a person under contract with or otherwise
acting under the direction or on behalf of the federal government,
the state, or a governmental entity;
(C) a law enforcement agency;
(D) a person under contract with or otherwise
acting under the direction or on behalf of a law enforcement agency;
or
(E) an operator of an unmanned aircraft that is
being used for a commercial purpose, if the operation is conducted
in compliance with:
(i) each applicable Federal Aviation
Administration rule, restriction, or exemption; and
(ii) all required Federal Aviation
Administration authorizations; or
(2) conduct described by Subsection (b) that involves
a critical infrastructure facility and is committed by:
(A) an owner or operator of the critical
infrastructure facility;
(B) a person under contract with or otherwise
acting under the direction or on behalf of an owner or operator of
the critical infrastructure facility;
(C) a person who has the prior written consent of
the owner or operator of the critical infrastructure facility; or
(D) the owner or occupant of the property on
which the critical infrastructure facility is located or a person
who has the prior written consent of the owner or occupant of that
property.
SECTION 4. Section 423.009, Government Code, is amended to
read as follows:
Sec. 423.009. REGULATION OF UNMANNED AIRCRAFT BY COUNTY OR
MUNICIPALITY [POLITICAL SUBDIVISION]. (a) A county or
municipality [In this section:
[(1) "Political subdivision" includes a county, a
joint board created under Section 22.074, Transportation Code, and
a municipality.
[(2) "Special event" means a festival, celebration, or
other gathering that:
[(A) involves:
[(i) the reservation and temporary use of
all or a portion of a public park, road, or other property of a
political subdivision; and
[(ii) entertainment, the sale of
merchandise, food, or beverages, or mass participation in a sports
event; and
[(B) requires a significant use or coordination
of a political subdivision's services.
[(b) Except as provided by Subsection (c), a political
subdivision] may not adopt or enforce any ordinance, order, or
other similar measure regarding the operation of an unmanned
aircraft.
(b) [(c) A political subdivision may adopt and enforce an
ordinance, order, or other similar measure regarding:
[(1) the use of an unmanned aircraft during a special
event;
[(2) the political subdivision's use of an unmanned
aircraft; or
[(3) the use of an unmanned aircraft near a facility or
infrastructure owned by the political subdivision, if the political
subdivision:
[(A) applies for and receives authorization from
the Federal Aviation Administration to adopt the regulation; and
[(B) after providing reasonable notice, holds a
public hearing on the political subdivision's intent to apply for
the authorization.
[(d)] An ordinance, order, or other similar measure that
violates Subsection (a) [(b)] is void and unenforceable.
SECTION 5. Section 423.0045, Government Code, as amended 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 6. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2019.