CHAPTER 423. USE OF UNMANNED AIRCRAFT | ||
Sec. 423.001. DEFINITION. In this chapter, "image" means | ||
any capturing of sound waves, thermal, infrared, ultraviolet, | ||
visible light, or other electromagnetic waves, odor, or other | ||
conditions existing on or about real property in this state or an | ||
individual located on that property. | ||
Sec. 423.002. NONAPPLICABILITY. (a) It is lawful to | ||
capture an image using an unmanned aircraft in this state: | ||
(1) for purposes of professional or scholarly research | ||
and development by a person acting on behalf of an institution of | ||
higher education, as 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. | ||
(b) This chapter does not apply to the manufacture, | ||
assembly, distribution, or sale of an unmanned aircraft. | ||
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO | ||
CAPTURE IMAGE. (a) A person commits an offense if the person uses an | ||
unmanned aircraft to capture an image of an individual or privately | ||
owned real property in this state with the intent to conduct | ||
surveillance on the individual or property captured in the image. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
(c) It is a defense to prosecution under this section that | ||
the person destroyed the image: | ||
(1) as soon as the person had knowledge that the image | ||
was captured in violation of this section; and | ||
(2) without disclosing, displaying, or distributing | ||
the image to a third party. | ||
(d) In this section, "intent" has the meaning assigned by | ||
Section 6.03, Penal Code. | ||
Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, | ||
DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if | ||
the person: | ||
(1) captures an image in violation of Section 423.003; | ||
and | ||
(2) possesses, discloses, displays, distributes, or | ||
otherwise uses that image. | ||
(b) An offense under this section for the possession of an | ||
image is a Class C misdemeanor. An offense under this section for | ||
the disclosure, display, distribution, or other use of an image is a | ||
Class B misdemeanor. | ||
(c) Each image a person possesses, discloses, displays, | ||
distributes, or otherwise uses in violation of this section is a | ||
separate offense. | ||
(d) It is a defense to prosecution under this section for | ||
the possession of an image that the person destroyed the image as | ||
soon as the person had knowledge that the image was captured in | ||
violation of Section 423.003. | ||
(e) It is a defense to prosecution under this section for | ||
the disclosure, display, distribution, or other use of an image | ||
that the person stopped disclosing, displaying, distributing, or | ||
otherwise using the image as soon as the person had knowledge that | ||
the image was captured in violation of Section 423.003. | ||
Sec. 423.005. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT | ||
SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by | ||
Subsection (b), an image captured in violation of Section 423.003, | ||
or an image captured by an unmanned aircraft that was incidental to | ||
the lawful capturing of an image: | ||
(1) may not be used as evidence in any criminal or | ||
juvenile proceeding, civil action, or administrative proceeding; | ||
(2) is not subject to disclosure, inspection, or | ||
copying under Chapter 552; and | ||
(3) is not subject to discovery, subpoena, or other | ||
means of legal compulsion for its release. | ||
(b) An image described by Subsection (a) may be disclosed | ||
and used as evidence to prove a violation of this chapter and is | ||
subject to discovery, subpoena, or other means of legal compulsion | ||
for that purpose. | ||
Sec. 423.006. CIVIL ACTION. (a) An owner or tenant of | ||
privately owned real property located in this state may bring | ||
against a person who, in violation of Section 423.003, captured an | ||
image of the property or the owner or tenant while on the property | ||
an action to: | ||
(1) enjoin a violation or imminent violation of | ||
Section 423.003 or 423.004; | ||
(2) recover a civil penalty of: | ||
(A) $5,000 for all images captured in a single | ||
episode in violation of Section 423.003; or | ||
(B) $10,000 for disclosure, display, | ||
distribution, or other use of any images captured in a single | ||
episode in violation of Section 423.004; or | ||
(3) recover actual damages if the person who captured | ||
the image in violation of Section 423.003 discloses, displays, or | ||
distributes the image with malice. | ||
(b) For purposes of recovering the civil penalty or actual | ||
damages under Subsection (a), all owners of a parcel of real | ||
property are considered to be a single owner and all tenants of a | ||
parcel of real property are considered to be a single tenant. | ||
(c) In this section, "malice" has the meaning assigned by | ||
Section 41.001, Civil Practice and Remedies Code. | ||
(d) In addition to any civil penalties authorized under this | ||
section, the court shall award court costs and reasonable | ||
attorney's fees to the prevailing party. | ||
(e) Venue for an action under this section is governed by | ||
Chapter 15, Civil Practice and Remedies Code. | ||
(f) An action brought under this section must be commenced | ||
within two years from the date the image was: | ||
(1) captured in violation of Section 423.003; or | ||
(2) initially disclosed, displayed, distributed, or | ||
otherwise used in violation of Section 423.004. | ||
Sec. 423.007. RULES FOR USE BY LAW ENFORCEMENT. The | ||
Department of Public Safety shall adopt rules and guidelines for | ||
use of an unmanned aircraft by a law enforcement authority in this | ||
state. | ||
Sec. 423.008. REPORTING BY LAW ENFORCEMENT AGENCY. (a) Not | ||
earlier than January 1 and not later than January 15 of each | ||
odd-numbered year, each state law enforcement agency and each | ||
county or municipal law enforcement agency located in a county or | ||
municipality, as applicable, with a population greater than | ||
150,000, that used or operated an unmanned aircraft during the | ||
preceding 24 months shall issue a written report to the governor, | ||
the lieutenant governor, and each member of the legislature and | ||
shall: | ||
(1) retain the report for public viewing; and | ||
(2) post the report on the law enforcement agency's | ||
publicly accessible website, if one exists. | ||
(b) The report must include: | ||
(1) the number of times an unmanned aircraft was used, | ||
organized by date, time, location, and the types of incidents and | ||
types of justification for the use; | ||
(2) the number of criminal investigations aided by the | ||
use of an unmanned aircraft and a description of how the unmanned | ||
aircraft aided each investigation; | ||
(3) the number of times an unmanned aircraft was used | ||
for a law enforcement operation other than a criminal | ||
investigation, the dates and locations of those operations, and a | ||
description of how the unmanned aircraft aided each operation; | ||
(4) the type of information collected on an | ||
individual, residence, property, or area that was not the subject | ||
of a law enforcement operation and the frequency of the collection | ||
of this information; and | ||
(5) the total cost of acquiring, maintaining, | ||
repairing, and operating or otherwise using each unmanned aircraft | ||
for the preceding 24 months. | ||
SECTION 3. The change in law made by this Act applies only | ||
to the capture, possession, disclosure, display, distribution, or | ||
other use of an image that occurs on or after the effective date of | ||
this Act. | ||
SECTION 4. The provisions of this Act or the applications of | ||
those provisions are severable as provided by Section 311.032(c), | ||
Government Code. | ||
SECTION 5. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 912 was passed by the House on May 10, | ||
2013, by the following vote: Yeas 128, Nays 11, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 912 on May 21, 2013, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; that the House adopted the conference committee report on | ||
H.B. No. 912 on May 26, 2013, by the following vote: Yeas 140, Nays | ||
4, 2 present, not voting; and that the House adopted H.C.R. No. 217 | ||
authorizing certain corrections in H.B. No. 912 on May 27, 2013, by | ||
the following vote: Yeas 145, Nays 3, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 912 was passed by the Senate, with | ||
amendments, on May 17, 2013, by the following vote: Yeas 29, Nays | ||
1; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; that | ||
the Senate adopted the conference committee report on H.B. No. 912 | ||
on May 26, 2013, by the following vote: Yeas 26, Nays 5; and that | ||
the Senate adopted H.C.R. No. 217 authorizing certain corrections | ||
in H.B. No. 912 on May 27, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |
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