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

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

FULL TEXT:
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 Cmisdemeanor, except that the offense is a Class Bmisdemeanor 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.