Texas HB 3662: Relating to the operation of an unmanned aircraft over a primary or secondary school instructional facility; creating a criminal offense.

Bill Text

By:AACapriglione H.B.ANo.A3662
Substitute the following forAH.B.ANo.A3662:
By:AABuckley C.S.H.B.ANo.A3662
A BILL TO BE ENTITLED
AN ACT
relating to the operation of an unmanned aircraft over a primary or
secondary school instructional facility; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAChapter 423, Government Code, is amended by
adding Section 423.0047 to read as follows:
Sec.A423.0047.AAOFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER
PRIMARY OR SECONDARY SCHOOL INSTRUCTIONAL FACILITY. (a) In this
section, "instructional facility" means real property, an
improvement to real property, or a necessary fixture of an
improvement to real property that is used predominantly to provide
instruction to primary or secondary school students.
(b)AAA person commits an offense if the person knowingly
operates an unmanned aircraft over an instructional facility owned
or leased by a public or private primary or secondary school.
(c)AAThis section does not apply to conduct described by
Subsection (b) that is engaged in by:
(1)AAthe federal government, the state, a governmental
entity, or a law enforcement agency;
(2)AAa person under contract with or otherwise acting
under the direction of or on behalf of the federal government, the
state, a governmental entity, or a law enforcement agency;
(3)AAan operator of an unmanned aircraft that is being
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
89R21772 MEW-F 1

used for a commercial purpose, if:
(A)AAthe operation is conducted in compliance with
all applicable Federal Aviation Administration rules,
restrictions, and exemptions; and
(B)AAthe operator obtains all required Federal
Aviation Administration authorizations;
(4)AAa person who has the prior written consent of the
principal, the vice principal, or a school resource officer or
peace officer assigned to the instructional facility; or
(5)AAa person who is younger than 14 years of age.
(d)AAIf the principal, the vice principal, or a school
resource officer or peace officer assigned to an instructional
facility witnesses the operation of an unmanned aircraft over the
instructional facility, the principal, vice principal, or officer
may temporarily take possession of the unmanned aircraft for the
purpose of providing the unmanned aircraft to a local law
enforcement agency as evidence of an offense under Subsection (b).
(e)AAA judge having jurisdiction of an offense under
Subsection (b) may dismiss a charge for an offense described by that
subsection if:
(1)AAthe defendant is younger than 17 years of age at
the time of the offense; and
(2)AAthe judge finds that the defendant did not
intentionally commit the offense.
(f)AABefore dismissing a charge under Subsection (e), the
judge shall issue to the defendant a warning and refer the defendant
to an educational program on drone safety and aviation laws.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
C.S.H.B.ANo.A3662
2

(g)AAAn offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if the actor has
previously been convicted under:
(1)AAthis section;
(2)AASection 423.0045; or
(3)AASection 423.0046.
SECTIONA2.AAThis Act takes effect September 1, 2025.
1
2
3
4
5
6
7
C.S.H.B.ANo.A3662
3