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

89(R) HB 3662 - House Committee Report version - Bill Text

89R21772 MEW-F

By: Capriglione

H.B. No. 3662

Substitute the following for H.B. No. 3662:

By: Buckley

C.S.H.B. No. 3662

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:

SECTION 1. Chapter 423, Government Code, is amended by

adding Section 423.0047 to read as follows:

Sec.

423.0047.

OFFENSE: 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)

A 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)

This section does not apply to conduct described by

Subsection (b) that is engaged in by:

(1)

the federal government, the state, a governmental

entity, or a law enforcement agency;

(2)

a 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)

an operator of an unmanned aircraft that is being

used for a commercial purpose, if:

(A)

the operation is conducted in compliance with

all applicable Federal Aviation Administration rules,

restrictions, and exemptions; and

(B)

the operator obtains all required Federal

Aviation Administration authorizations;

(4)

a 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) a person who is younger than 14 years of age.

(d)

If 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)

A judge having jurisdiction of an offense under

Subsection (b) may dismiss a charge for an offense described by that

subsection if:

(1)

the defendant is younger than 17 years of age at

the time of the offense; and

(2)

the judge finds that the defendant did not

intentionally commit the offense.

(f)

Before 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.

(g)

An 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) this section;

(2) Section 423.0045; or

(3) Section 423.0046.

SECTION 2. This Act takes effect September 1, 2025.