Texas HB 2512: Relating to certain images captured by an unmanned aircraft.

Bill Text

By:AAMiller H.B.ANo.A2512
A BILL TO BE ENTITLED
AN ACT
relating to certain images captured by an unmanned aircraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 423.002(a), Government Code, is amended
to read as follows:
(a)AAIt is lawful to capture an image using an unmanned
aircraft in this state:
(1)AAfor the purpose 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)AAis a professor, employee, or student of the
institution; or
(B)AAis under contract with or otherwise acting
under the direction or on behalf of the institution;
(2)AAin 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)AAas part of an operation, exercise, or mission of
any branch of the United States military;
(4)AAif the image is captured by a satellite for the
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purposes of mapping;
(5)AAif the image is captured by or for an electric or
natural gas utility or a telecommunications provider:
(A)AAfor operations and maintenance of utility or
telecommunications facilities for the purpose of maintaining
utility or telecommunications system reliability and integrity;
(B)AAfor inspecting utility or telecommunications
facilities to determine repair, maintenance, or replacement needs
during and after construction of such facilities;
(C)AAfor assessing vegetation growth for the
purpose of maintaining clearances on utility or telecommunications
easements; and
(D)AAfor utility or telecommunications facility
routing and siting for the purpose of providing utility or
telecommunications service;
(6)AAwith the consent of the individual who owns or
lawfully occupies the real property captured in the image;
(7)AApursuant to a valid search or arrest warrant;
(8)AAif 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)AAin 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)AAfor the purpose of documenting a crime scene
where an offense, not including misdemeanors or offenses punishable
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by a fine only, has been committed;
(C)AAfor the purpose of investigating the scene
of:
(i)AAa human fatality;
(ii)AAa motor vehicle accident causing death
or serious bodily injury to a person; or
(iii)AAany motor vehicle accident on a state
highway or federal interstate or highway;
(D)AAin connection with the search for a missing
person;
(E)AAfor the purpose of conducting a high-risk
tactical operation that poses a threat to human life;
(F)AAof private property that is generally open to
the public where the property owner consents to law enforcement
public safety responsibilities; or
(G)AAof real property or a person on real property
that is within 25 miles of the United States border for the sole
purpose of ensuring border security;
(9)AAif 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)AAsurveying the scene of a catastrophe or other
damage to determine whether a state of emergency should be
declared;
(B)AApreserving public safety, protecting
property, or surveying damage or contamination during a lawfully
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declared state of emergency; or
(C)AAconducting routine air quality sampling and
monitoring, as provided by state or local law;
(10)AAat the scene of a spill, or a suspected spill, of
hazardous materials;
(11)AAfor the purpose of fire suppression;
(12)AAfor the purpose of rescuing a person whose life or
well-being is in imminent danger;
(13)AAif 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)AA 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;
(15)AAof public real property or a person on that
property;
(16)AAif 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 relat