Relating to the operation of an unmanned aircraft over a public school instructional facility; creating a criminal offense.
relating to the operation of an unmanned aircraft over a public
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
PUBLIC SCHOOL INSTRUCTIONAL FACILITY. (a) In this section,
“instructional facility” has the meaning assigned by Section
46.001, Education Code.
(b) A person commits an offense if the person knowingly
operates an unmanned aircraft over an instructional facility owned
or leased by a school district or open-enrollment charter 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.
