HB912
Posted: Mon May 06, 2013 7:59 pm
Anti-drone legislation is on the calendar in the house. With almost 100 co-authors it should flow right through, hopefully! 
The focal point for Texas firearms information and discussions
https://www.texaschlforum.com/
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR
UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense
if the person uses or authorizes the use of an unmanned vehicle or
unmanned aircraft to capture an image of an individual or real
property with the intent to monitor or conduct surveillance on the
individual or the real property captured in the image.
If you listened to the house debate, the author makes it clear that all those activities you stated would be allowed. On top of that, he purposefully laid out those exceptions so that any other government activity would be illegal. It protects is from use for government spying, and only allows government use for specific, lawful purposes. Furthermore, it allows private use as long as you're not intending surveillance of person or property. Every other use is lawful.tomh2002 wrote:Folks I know on the surface this sounds like a GREAT idea! But if you read the actual bill it does NOTHING to stop government use of drones, and actually facilitates the use of drones by Law Enforcement! What the bill does is make it illegal for you or I or any other citizen to use them in TX. Basically the ONLY people that will be able to use them are Government, Military and Police! Not only will it keep all of us from using them but it will keep new and well paying jobs out of TX. Drones would be useful for inspecting power lines, inspecting oil pipelines, tracking cattle and exotic game, monitoring crops, oil and gas exploration, aerial photography over populated areas where an airplane or helicopter would be too noisy and possibly a hazard as well as for fun by hobbyist, these just to mention a few possible uses. All this would be illegal in TX if this bill passes. A number of other states passed Antidrone bills as well, but the bills in ALL the other states including Florida passed Antidrone bills to prevent there abuse by government and law enforcement not to prevent the people from using them! PLEASE read the text of the bill for yourself then call your state senator and let them no you DONT want this bill to become law!!!!
Did you forget to read this part of the bill?tomh2002 wrote:Folks I know on the surface this sounds like a GREAT idea! But if you read the actual bill it does NOTHING to stop government use of drones, and actually facilitates the use of drones by Law Enforcement! What the bill does is make it illegal for you or I or any other citizen to use them in TX. Basically the ONLY people that will be able to use them are Government, Military and Police! Not only will it keep all of us from using them but it will keep new and well paying jobs out of TX. Drones would be useful for inspecting power lines, inspecting oil pipelines, tracking cattle and exotic game, monitoring crops, oil and gas exploration, aerial photography over populated areas where an airplane or helicopter would be too noisy and possibly a hazard as well as for fun by hobbyist, these just to mention a few possible uses. All this would be illegal in TX if this bill passes. A number of other states passed Antidrone bills as well, but the bills in ALL the other states including Florida passed Antidrone bills to prevent there abuse by government and law enforcement not to prevent the people from using them! PLEASE read the text of the bill for yourself then call your state senator and let them no you DONT want this bill to become law!!!!
Or this part of the bill?Sec. 423.002. NONAPPLICABILITY. This chapter does not
apply to an image of real property or an individual on real property
located in this state that is captured by an unmanned vehicle or
unmanned aircraft operated in this state:
(1) for purposes of professional or scholarly research
and development by a person acting on behalf of an institution of
higher education, as defined by Section 61.003, Education Code,
including a person who:
(A) is a professor, employee, or student of the
institution; or
(B) is under contract with or otherwise acting
under the direction or on behalf of the institution;
(2) in 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) as part of an operation, exercise, or mission of
any branch of the United States military;
(4) if the image is taken by a satellite for the
purpose of mapping;
(5) by a manufacturer or distributor of the unmanned
vehicle or unmanned aircraft in connection with the development,
manufacture, testing, or research of the vehicle or the aircraft;
(6) by a manufacturer or distributor incidental to the
activities authorized under Subdivision (5) and the manufacturer or
distributor discloses the image voluntarily to law enforcement
because the manufacturer or distributor reasonably believes the
image shows the commission of an offense; or
(7) by or for an electric or natural gas utility:
(A) for operations and maintenance of utility
facilities for the purpose of maintaining utility system
reliability and integrity;
(B) for inspecting utility facilities to
determine repair, maintenance, or replacement needs during and
after construction of such facilities;
(C) for assessing vegetation growth for the
purpose of maintaining clearances on utility easements; and
(D) for utility facility routing and siting for
the purpose of providing utility service.
(c) It is an exception to the application of this section
that the image was captured:
(1) with the consent of the individual captured in the
image and the individual who owns or lawfully occupies the real
property captured in the image;
(2) pursuant to a valid search or arrest warrant;
(3) 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) in immediate pursuit of a person law
enforcement officers have probable cause to suspect has committed a
felony;
(B) for the purpose of documenting a crime scene
where a felony has been committed;
(C) for the purpose of investigating the scene of
a human fatality or suspected human fatality;
(D) in connection with the search for a missing
person; or
(E) for the purpose of resolving a hostage
situation;
(4) 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) surveying the scene of a catastrophe or other
damage to determine whether a state of emergency should be
declared;
(B) preserving public safety, protecting
property, or surveying damage or contamination during a lawfully
declared state of emergency; or
(C) conducting routine air quality sampling and
monitoring;
(5) at the scene of a spill, or a suspected spill, of
hazardous materials;
(6) for the purpose of fire suppression;
(7) for the purpose of rescuing a person whose life or
well-being is in imminent danger;
(8) 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;
(9) of real property or a person on real property that
is within 25 miles of the United States border;
(10) 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;
(11) of public real property or a person on that
property;
(12) by an electric or telecommunication utility
provider regulated by the Public Utility Commission of Texas:
(A) for the purpose of performing and reporting
the results of the annual inspection of transmission lines and
other facilities as required by the commission, if the images are
captured without the intent to conduct surveillance on an
individual or real property located in this state; or
(B) for the purpose of maintaining or repairing
transmission lines or other facilities, if the images are captured
without the intent to conduct surveillance on an individual or real
property located in this state;
(13) by the owner or operator of an oil, gas, water, or
other pipeline for the purpose of maintaining or repairing
pipelines or other transmission facilities, if the images are
captured without the intent to conduct surveillance on an
individual or real property located in this state;
(14) by a satellite for the purpose of mapping,
provided that the images are not captured with the intent to conduct
surveillance of an individual or real property located in this
state;
(15) in connection with oil pipeline safety and rig
protection;
(16) in connection with port authority surveillance
and security;
(17) in connection with cattle ranching or agriculture
and wildlife management;
(18) in connection with oil and gas exploration;
(19) for the purpose of water supply safety;
(20) for the purpose of surveying land;
(21) for the purpose of agriculture and farming
safety; or
(22) in connection with an air show or related event.