85(R) HB 1643 - Enrolled version - capitol.texas.gov

1 ACTrelating to the regulation of the operation of an unmanned aircraftand the prosecution of a related criminal IT ENACTED BY THE LEGISLATURE OF THE STATE OF (a)(1), Government Code, isamended to read as follows:(1)AA"Critical infrastructure facility" means:(A)AAone of the following, if completely enclosedby a fence or other physical barrier that is obviously designed toexclude intruders, or if clearly marked with a sign or signs thatare posted on the property, are reasonably likely to come to theattention of intruders, and indicate that entry is forbidden:(i)AAa petroleum or alumina refinery;(ii)AAan electrical power generatingfacility, substation, switching station, or electrical controlcenter;(iii)AAa chemical, polymer, or rubbermanufacturing facility;(iv)AAa water intake structure, watertreatment facility, wastewater treatment plant, or pump station;(v)AAa natural gas compressor station;(vi)AAa liquid natural gas terminal orstorage facility;(vii)AAa telecommunications central123456789101112131415161718192021 2223241switching officeor any structure used as part of a system toprovide wired or wireless telecommunications services;(viii)AAa port, railroad switching yard,trucking terminal, or other freight transportation facility;(ix)AAa gas processing plant, including aplant used in the processing, treatment, or fractionation ofnatural gas;(x)AAa transmission facility used by afederally licensed radio or television station;(xi)AAa steelmaking facility that uses anelectric arc furnace to make steel; [or](xii)AAa dam that is classified as a highhazard by the Texas Commission on Environmental Quality; or(xiii)AAa concentrated animal feedingoperation, as defined by , Water Code.

2 Or(B)AAif enclosed by a fence or other physicalbarrier obviously designed to exclude intruders:(i)AAany portion of an aboveground oil, gas,or chemical pipeline;(ii)AAan oil or gas drilling site;(iii)AAa group of tanks used to store crudeoil, such as a tank battery;(iv)AAan oil, gas, or chemical productionfacility;(v)AAan oil or gas wellhead; or(vi)AAany oil and gas facility that has anactive flare [that is enclosed by a fence or other physical is obviously designed to exclude intruders]. (c), Government Code, is amendedto read as follows:(c)AAThis section does not apply to conduct described bySubsection (b) that is committed by:(1)AAthe federal government, the state, or agovernmental entity;(2)AAa person under contract with or otherwise actingunder the direction or on behalf of the federal government, thestate, or a governmental entity;(3)AAa law enforcement agency;(4)AAa person under contract with or otherwise actingunder the direction or on behalf of a law enforcement agency;(5)AAan owner or operator of the criticalinfrastructure facility;(6)AAa person under contract with or otherwise actingunder the direction or on behalf of an owner or operator of thecritical infrastructure facility;(7)AAa person who has the prior written consent of theowner or operator of the critical infrastructure facility.

3 (8)AAthe owner or occupant of the property on which thecritical infrastructure facility is located or a person who has theprior written consent of the owner or occupant of that property; or(9)AAan operator of an unmanned aircraft that is beingused for a commercial purpose, if theoperation is conducted incompliance with:(A)AAeach applicable Federal rule, restriction, or exemption; and(B)AAall required Federal Aviation Administrationauthorizations [operator is authorized by the Federal AviationAdministration to conduct operations over that airspace]. , Government Code, is amended byadding Section to read as REGULATION OF UNMANNED AIRCRAFT BY POLITICALSUBDIVISION. (a) In this section:(1)AA"Political subdivision " includes a county, a jointboard created under , Transportation Code, and amunicipality.(2)AA"Special event" means a festival, celebration, orother gathering that:(A)AAinvolves:(i)AAthe reservation and temporary use ofall or a portion of a public park, road, or other property of apolitical subdivision ; and(ii)AAentertainment, the sale ofmerchandise, food, or beverages, or mass participation in a sportsevent; and(B)AArequires a significant use or coordination ofa political subdivision s services.

4 (b)AAExcept as provided by Subsection (c), a politicalsubdivision may not adopt or enforce any ordinance, order, or othersimilar measure regarding the operation of an unmanned aircraft.(c)AAA political subdivision may adopt and enforce anordinance, order, or other similar measure (1)AAthe use of an unmanned aircraft during a specialevent;(2)AAthe political subdivision s use of an unmannedaircraft; or(3)AAthe use of an unmanned aircraft near a facility orinfrastructure owned by the political subdivision , if the politicalsubdivision:(A)AAapplies for and receives authorization fromthe Federal Aviation Administration to adopt the regulation; and(B)AAafter providing reasonable notice, holds apublic hearing on the political subdivision s intent to apply forthe authorization.(d)AAAn ordinance, order, or other similar measure thatviolates Subsection (b) is void and , Government Code, as amended bythis Act, applies only to an offense committed on or after theeffective date of this Act.

5 An offense committed before theeffective date of this Act is governed by the law in effect on thedate the offense was committed, and the former law is continued ineffect for that purpose. For purposes of this section, an offensewas committed before the effective date of this Act if any elementof the offense occurred before that Act takes effect September 1, _____AAPresident of the Senate Speaker of the HouseAAAAAAI certify that No. 1643 was passed by the House on May11, 2017, by the following vote:AAYeas 135, Nays 8, 2 present, notvoting; that the House refused to concur in Senate amendments No. 1643 on May 26, 2017, and requested the appointment of aconference committee to consider the differences between the twohouses; and that the House adopted the conference committee reporton No. 1643 on May 28, 2017, by the following vote:AAYeas 143,Nays 2, 1 present, not Clerk of the certify that No.

6 1643 was passed by the Senate, withamendments, on May 24, 2017, by the following vote:AAYeas 27, Nays4; at the request of the House, the Senate appointed a conferencecommittee to consider the differences between the two houses; andthat the Senate adopted the conference committee report on on May 28, 2017, by the following vote:AAYeas 26, Nays of the SenateAAAAPPROVED.