reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter C. Civil Liability for Acts or Omissions › Section 421.062. Liability Under Interlocal Contract

Sec. 421.062.  LIABILITY UNDER INTERLOCAL CONTRACT.  (a)  In this section, "interlocal contract" has the meaning assigned by Section 791.003.
(b)  A state or local agency that furnishes a service related to a homeland security activity under an interlocal contract is immune from civil liability for any act or omission resulting in death, damage, or injury while acting under the interlocal contract if:
(1)  the interlocal contract expressly states that the furnishing state or local agency is not responsible for any civil liability that arises from the furnishing of a service under the contract;  and
(2)  the state or local agency committed the act or omission while acting in good faith and in the course and scope of its functions to provide a service related to a homeland security activity.
(c)  This section may not be interpreted as a waiver of any immunity that might exist in the absence of an interlocal contract or a provision in an interlocal contract as set forth in Subsection (b).
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter D. Cooperation and Assistance; Funding › Section 421.071. Cooperation and Assistance

Sec. 421.071.  COOPERATION AND ASSISTANCE.  A state or local agency that performs a homeland security activity or a nongovernmental entity that contracts with a state or local agency to perform a homeland security activity shall cooperate with and assist the office of the governor, the Homeland Security Council, the Texas Fusion Center, and the National Infrastructure Protection Center in the performance of their duties under this chapter and other state or federal law.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 12, eff. June 18, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter D. Cooperation and Assistance; Funding › Section 421.072. Funding

Sec. 421.072.  FUNDING.  (a)  The office of the governor shall:
(1)  allocate available federal and state grants and other funding related to homeland security to state and local agencies and defense base development authorities created under Chapter 379B, Local Government Code, that perform homeland security activities;
(2)  periodically review the grants and other funding for appropriateness and compliance;
(3)  designate state administering agencies to administer all grants and other funding to the state related to homeland security; and
(4)  measure the effectiveness of the homeland security grants and other funding.
(b)  State and local agencies that perform homeland security activities shall inform the office of the governor about any actions taken relating to requests for revenue, grants, or other funding for homeland security activities or initiatives.
(c)  A state or local agency or defense base development authority that receives a grant or other funding related to homeland security must provide an annual report to the office of the governor detailing:
(1)  the compliance of the agency or authority with the state homeland security strategy;
(2)  any expenditures made using the funding;
(3)  any programs developed or implemented using the funding; and
(4)  the manner in which any expenditures made or programs developed or implemented have improved the ability of the agency or authority to detect, deter, respond to, and recover from a terrorist attack.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 13, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter E. Texas Fusion Center and Other Fusion Centers Operating in This State › Section 421.081. Facilities and Administrative Support

Sec. 421.081.  FACILITIES AND ADMINISTRATIVE SUPPORT.  The Department of Public Safety of the State of Texas shall provide facilities and administrative support for the Texas Fusion Center.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 18.03, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter E. Texas Fusion Center and Other Fusion Centers Operating in This State › Section 421.082. Powers and Duties

Sec. 421.082.  POWERS AND DUTIES.  (a)  The Texas Fusion Center shall serve as the state's primary entity for the planning, coordination, and integration of government communications capabilities to help implement the governor's homeland security strategy and ensure an effective response in the event of a homeland security emergency.
(b)  The center's duties include:
(1)  promotion of emergency preparedness;
(2)  receipt and analysis of information, assessment of threats, and issuance of public warnings related to homeland security emergencies;
(3)  authorization and facilitation of cooperative efforts related to emergency response and recovery efforts in the event of a homeland security emergency; and
(4)  making recommendations to the Department of Public Safety regarding the monitoring of fusion centers operating in this state and regarding the functions of the Texas Fusion Center Policy Council created under Section 421.083.
(c)  In performing its duties under this section, the center shall aim to:
(1)  reduce the vulnerability of at-risk or targeted entities to homeland security emergencies;  and
(2)  prevent or minimize damage, injury, loss of life, and loss of property in the event of a homeland security emergency.
(d)  The center shall perform its duties under circumstances prescribed by and as directed by the governor's homeland security strategy.
(e)  The gang section of the center shall annually submit to the governor and the legislature a report assessing the threat posed statewide by criminal street gangs.  The report must include identification of:
(1)  law enforcement strategies that have been proven effective in deterring gang-related crime; and
(2)  gang involvement in trafficking of persons.
(f)  On request, the office of the attorney general, the Department of Public Safety, the Texas Department of Criminal Justice, other law enforcement agencies, and juvenile justice agencies of this state shall provide to the gang section of the center information relating to criminal street gangs, gang-related crime, and gang involvement in trafficking of persons.
(g)  Any information received by the center under this section that is stored, combined with other information, analyzed, or disseminated is subject to the rules governing criminal intelligence in 28 C.F.R. Part 23.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1350 (S.B. 379), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter E. Texas Fusion Center and Other Fusion Centers Operating in This State › Section 421.083. Texas Fusion Center Policy Council

Sec. 421.083.  TEXAS FUSION CENTER POLICY COUNCIL.  (a)  The Department of Public Safety shall create the Texas Fusion Center Policy Council and the bylaws for the council to assist the department in monitoring fusion center activities in this state.
(b)  The policy council is composed of one executive representative from each recognized fusion center operating in this state.
(c)  The policy council shall:
(1)  develop and disseminate strategies to:
(A)  facilitate the implementation of applicable federal standards and programs on a statewide basis by each fusion center operating in this state;
(B)  expand and enhance the statewide intelligence capacity to reduce the threat of terrorism and criminal enterprises; and
(C)  continuously review critical issues pertaining to homeland security activities;
(2)  establish a privacy advisory group, with at least one member who is a privacy advocate, to advise the policy council and to meet at the direction of the policy council; and
(3)  recommend best practices for each fusion center operating in this state, including:
(A)  best practices to ensure that the center adheres to 28 C.F.R. Part 23 and any other federal or state law designed to protect privacy and the other legal rights of individuals; and
(B)  best practices for the smooth exchange of information among all fusion centers operating in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter E. Texas Fusion Center and Other Fusion Centers Operating in This State › Section 421.084. Fusion Centers Operating in This State: Rules and Monitoring

Sec. 421.084.  FUSION CENTERS OPERATING IN THIS STATE:  RULES AND MONITORING.  (a)  After considering the recommendations of the Texas Fusion Center under Section 421.082(b)(4) and the Texas Fusion Center Policy Council under Section 421.083(c)(3), the Department of Public Safety shall adopt rules to govern the operations of fusion centers in this state, including guidelines to:
(1)  for any fusion center operating in this state, establish a common concept of operations to provide clear baseline standards for each aspect of the center's activities;
(2)  inform and define the monitoring of those activities by the Texas Fusion Center Policy Council; and
(3)  ensure that any fusion center operating in this state adheres to federal and state laws designed to protect privacy and the other legal rights of individuals, including 28 C.F.R. Part 23 and any other law that provides clear standards for the treatment of intelligence or for the collection and storage of noncriminal information, personally identifiable information, or protected health information.
(b)  The Department of Public Safety may require that a fusion center audited under applicable department rules pay any costs incurred by the policy council in relation to the audit.
(c)  A member of the policy council may not receive compensation but is entitled to reimbursement for the member's travel expenses as provided by Chapter 660 and the General Appropriations Act.
(d)  A fusion center may not receive state grant money if the center adopts a rule, order, ordinance, or policy under which the center fails or refuses to comply with rules adopted by the Department of Public Safety under Subsection (a), beginning with the first state fiscal year occurring after the center adopts the rule, order, ordinance, or policy.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter E. Texas Fusion Center and Other Fusion Centers Operating in This State › Section 421.085. Privacy Policy Required

Sec. 421.085.  PRIVACY POLICY REQUIRED.  (a)  Each fusion center operating in this state shall adopt a privacy policy providing at a minimum that, with respect to an individual or organization, the fusion center:
(1)  will not seek, collect, or retain information that is based solely on any of the following factors, as applicable to that individual or organization:
(A)  religious, political, or social views or activities;
(B)  participation in a particular organization or event;  or
(C)  race, ethnicity, citizenship, place of origin, age, disability, gender, or sexual orientation;  and
(2)  will take steps to ensure that any agency that submits information to the fusion center does not submit information based solely on a factor described by Subdivision (1).
(b)  In a criminal investigation, a factor described by Subsection (a)(1) may not alone give rise to reasonable suspicion.  However, a factor described by Subsection (a)(1) may be used in connection with a specific description of a suspect in the investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter E. Texas Fusion Center and Other Fusion Centers Operating in This State › Section 421.086. Report

Sec. 421.086.  REPORT.  The Texas Fusion Center Policy Council annually shall submit to the governor and to each house of the legislature a report that contains, with respect to the preceding year:
(1)  the council's progress in developing and coordinating the statewide fusion effort and intelligence network described by the governor's homeland security strategy;
(2)  the progress made by fusion centers operating in this state in meeting the fusion center guidelines developed under the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established under 6 U.S.C. Section 124h; and
(3)  a summary of fusion center audits or reviews conducted under applicable rules adopted by the Department of Public Safety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter F. Governor's Interoperable Radio Communications Program › Section 421.095. Definitions

Sec. 421.095.  DEFINITIONS.  In this subchapter:
(1)  "First responder" means a public safety employee or volunteer whose duties include responding rapidly to an emergency. The term includes:
(A)  a peace officer whose duties include responding rapidly to an emergency;
(B)  fire protection personnel under Section 419.021;
(C)  a volunteer firefighter who is:
(i)  certified by the Texas Commission on Fire Protection or by the State Firemen's and Fire Marshalls' Association of Texas; or
(ii)  a member of an organized volunteer fire-fighting unit as described by Section 615.003;
(D)  an individual certified as emergency medical services personnel by the Department of State Health Services;
(E)  an emergency response operator or emergency services dispatcher who provides communication support services for an agency by responding to requests for assistance in emergencies; and
(F)  other emergency response personnel employed by an agency.
(2)  "Infrastructure equipment" means the underlying permanent equipment required to establish interoperable communication between radio systems used by local, state, and federal agencies and first responders.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 14, eff. June 18, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 757 (H.B. 1090), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter F. Governor's Interoperable Radio Communications Program › Section 421.096. Interoperability of Radio Systems

Sec. 421.096.  INTEROPERABILITY OF RADIO SYSTEMS.  The office of the governor shall:
(1)  develop and administer a strategic plan to design and implement a statewide integrated public safety radio communications system that promotes interoperability within and between local, state, and federal agencies and first responders;
(2)  develop and administer a plan in accordance with Subdivision (1) to purchase infrastructure equipment for state and local agencies and first responders;
(3)  advise representatives of entities in this state that are involved in homeland security activities with respect to interoperability; and
(4)  use appropriated money, including money from relevant federal homeland security grants, for the purposes of designing, implementing, and maintaining a statewide integrated public safety radio communications system.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 14, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter F. Governor's Interoperable Radio Communications Program › Section 421.097. Assistance

Sec. 421.097.  ASSISTANCE.  The office of the governor may consult with a representative of an entity described by Section 421.096(3) to obtain assistance or information necessary for the performance of any duty under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 14, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter F. Governor's Interoperable Radio Communications Program › Section 421.098. Report

Sec. 421.098.  REPORT.  Not later than September 1 of each year, the office of the governor shall provide to the legislature a report on the status of its duties under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 14, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter Z. Miscellaneous › Section 421.901. Interoperability of Critical Information Systems

Sec. 421.901.  INTEROPERABILITY OF CRITICAL INFORMATION SYSTEMS.  The office of the governor shall develop a plan for appropriate entities to use information systems that:
(1)  employ underlying computer equipment and software required to establish interoperable communication between computer systems used by local, state, and federal agencies and first responders; and
(2)  provide a single point of entry to disseminate information, applications, processes, and communications.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 15, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 422 - Internet-Based Sexual Exploitation of Minor › Section 422.001. Definition

Sec. 422.001.  DEFINITION.  In this chapter, "ICAC task force" means an Internet Crimes Against Children task force that is:
(1)  located in this state; and
(2)  recognized by the United States Department of Justice.
Added by Acts 2011, 82nd Leg., R.S., Ch. 850 (H.B. 3746), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 422 - Internet-Based Sexual Exploitation of Minor › Section 422.002. Internet Crimes Against Children Account

Sec. 422.002.  INTERNET CRIMES AGAINST CHILDREN ACCOUNT.  (a)  The Internet crimes against children account is an account in the general revenue fund.
(b)  The account consists of:
(1)  money transferred by the legislature directly to the account; and
(2)  gifts, grants, or donations.
(c)  Interest earned on the account shall be credited to the account.
(d)  Section 403.095 does not apply to the account.
(e)  Money in the account may be appropriated only to support the administration and activities of an ICAC task force.
(f)  Any money in the account that is appropriated in a state fiscal year under Subsection (e) shall be appropriated in equal amounts to each ICAC task force.
Added by Acts 2011, 82nd Leg., R.S., Ch. 850 (H.B. 3746), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 422 - Internet-Based Sexual Exploitation of Minor › Section 422.004. Confidentiality of Information

Sec. 422.004.  CONFIDENTIALITY OF INFORMATION.  Any information, records, or data reported or obtained under a subpoena issued under Section 422.003(b):
(1)  is confidential; and
(2)  may not be disclosed to any other person unless the disclosure is made as part of a criminal case related to those materials.
Added by Acts 2011, 82nd Leg., R.S., Ch. 850 (H.B. 3746), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.001. Definition

Sec. 423.001.  DEFINITION.  In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.003. Offense: Illegal Use of Unmanned Aircraft to Capture Image

Sec. 423.003.  OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.
(b)  An offense under this section is a Class C misdemeanor.
(c)  It is a defense to prosecution under this section that the person destroyed the image:
(1)  as soon as the person had knowledge that the image was captured in violation of this section; and
(2)  without disclosing, displaying, or distributing the image to a third party.
(d)  In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.004. Offense: Possession, Disclosure, Display, Distribution, or Use of Image

Sec. 423.004.  OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person:
(1)  captures an image in violation of Section 423.003; and
(2)  possesses, discloses, displays, distributes, or otherwise uses that image.
(b)  An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(c)  Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d)  It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
(e)  It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.0046. Offense: Operation of Unmanned Aircraft Over Sports Venue

Sec. 423.0046.  OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER SPORTS VENUE.  (a)  In this section, "sports venue" means an arena, automobile racetrack, coliseum, stadium, or other type of area or facility that:
(1)  has a seating capacity of 30,000 or more people; and
(2)  is primarily used for one or more professional or amateur sports or athletics events.
(b)  A person commits an offense if the person intentionally or knowingly operates an unmanned aircraft over a sports venue and the unmanned aircraft is not higher than 400 feet above ground level.
(c)  This section does not apply to conduct described by Subsection (b) that is committed by:
(1)  the federal government, the state, or a governmental entity;
(2)  a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;
(3)  a law enforcement agency;
(4)  a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;
(5)  an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:
(A)  each applicable Federal Aviation Administration rule, restriction, or exemption; and
(B)  all required Federal Aviation Administration authorizations;
(6)  an owner or operator of the sports venue;
(7)  a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the sports venue; or
(8)  a person who has the prior written consent of the owner or operator of the sports venue.
(d)  An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section or Section 423.0045.
Added by Acts 2017, 85th Leg., R.S., Ch. 1010 (H.B. 1424), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.005. Illegally or Incidentally Captured Images Not Subject to Disclosure

Sec. 423.005.  ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE.  (a)  Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.003, or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image:
(1)  may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2)  is not subject to disclosure, inspection, or copying under Chapter 552; and
(3)  is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b)  An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.006. Civil Action

Sec. 423.006.  CIVIL ACTION.  (a)  An owner or tenant of privately owned real property located in this state may bring against a person who, in violation of Section 423.003, captured an image of the property or the owner or tenant while on the property an action to:
(1)  enjoin a violation or imminent violation of Section 423.003 or 423.004;
(2)  recover a civil penalty of:
(A)  $5,000 for all images captured in a single episode in violation of Section 423.003; or
(B)  $10,000 for disclosure, display, distribution, or other use of any images captured in a single episode in violation of Section 423.004; or
(3)  recover actual damages if the person who captured the image in violation of Section 423.003 discloses, displays, or distributes the image with malice.
(b)  For purposes of recovering the civil penalty or actual damages under Subsection (a), all owners of a parcel of real property are considered to be a single owner and all tenants of a parcel of real property are considered to be a single tenant.
(c)  In this section, "malice" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.
(d)  In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party.
(e)  Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.
(f)  An action brought under this section must be commenced within two years from the date the image was:
(1)  captured in violation of Section 423.003; or
(2)  initially disclosed, displayed, distributed, or otherwise used in violation of Section 423.004.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.007. Rules for Use by Law Enforcement

Sec. 423.007.  RULES FOR USE BY LAW ENFORCEMENT.  The Department of Public Safety shall adopt rules and guidelines for use of an unmanned aircraft by a law enforcement authority in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.008. Reporting by Law Enforcement Agency

Sec. 423.008.  REPORTING BY LAW ENFORCEMENT AGENCY.  (a) Not earlier than January 1 and not later than January 15 of each odd-numbered year, each state law enforcement agency and each county or municipal law enforcement agency located in a county or municipality, as applicable, with a population greater than 150,000, that used or operated an unmanned aircraft during the preceding 24 months shall issue a written report to the governor, the lieutenant governor, and each member of the legislature and shall:
(1)  retain the report for public viewing; and
(2)  post the report on the law enforcement agency's publicly accessible website, if one exists.
(b)  The report must include:
(1)  the number of times an unmanned aircraft was used, organized by date, time, location, and the types of incidents and types of justification for the use;
(2)  the number of criminal investigations aided by the use of an unmanned aircraft and a description of how the unmanned aircraft aided each investigation;
(3)  the number of times an unmanned aircraft was used for a law enforcement operation other than a criminal investigation, the dates and locations of those operations, and a description of how the unmanned aircraft aided each operation;
(4)  the type of information collected on an individual, residence, property, or area that was not the subject of a law enforcement operation and the frequency of the collection of this information; and
(5)  the total cost of acquiring, maintaining, repairing, and operating or otherwise using each unmanned aircraft for the preceding 24 months.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 423 - Use of Unmanned Aircraft › Section 423.009. Regulation of Unmanned Aircraft by Political Subdivision

Sec. 423.009.  REGULATION OF UNMANNED AIRCRAFT BY POLITICAL SUBDIVISION.  (a)  In this section:
(1)  "Political subdivision" includes a county, a joint board created under Section 22.074, Transportation Code, and a municipality.
(2)  "Special event" means a festival, celebration, or other gathering that:
(A)  involves:
(i)  the reservation and temporary use of all or a portion of a public park, road, or other property of a political subdivision; and
(ii)  entertainment, the sale of merchandise, food, or beverages, or mass participation in a sports event; and
(B)  requires a significant use or coordination of a political subdivision's services.
(b)  Except as provided by Subsection (c), a political subdivision may not adopt or enforce any ordinance, order, or other similar measure regarding the operation of an unmanned aircraft.
(c)  A political subdivision may adopt and enforce an ordinance, order, or other similar measure regarding:
(1)  the use of an unmanned aircraft during a special event;
(2)  the political subdivision's use of an unmanned aircraft; or
(3)  the use of an unmanned aircraft near a facility or infrastructure owned by the political subdivision, if the political subdivision:
(A)  applies for and receives authorization from the Federal Aviation Administration to adopt the regulation; and
(B)  after providing reasonable notice, holds a public hearing on the political subdivision's intent to apply for the authorization.
(d)  An ordinance, order, or other similar measure that violates Subsection (b) is void and unenforceable.
Added by Acts 2017, 85th Leg., R.S., Ch. 824 (H.B. 1643), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter A. General Provisions › Section 424.001. Definition

Sec. 424.001.  DEFINITION.  In this chapter, "critical infrastructure facility" has the meaning assigned by Section 423.0045(a)(1-a) and also includes:
(1)  any pipeline transporting oil or gas or the products or constituents of oil or gas;
(2)  a public or private airport depicted in any current aeronautical chart published by the Federal Aviation Administration;
(3)  a military installation owned or operated by or for the federal government, this state, or another governmental entity; and
(4)  a facility or pipeline described by this section that is under construction and all equipment and appurtenances used during that construction.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1096 (S.B. 1308), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter B. Criminal Liability › Section 424.051. Offense: Damaging or Destroying Critical Infrastructure Facility

Sec. 424.051.  OFFENSE: DAMAGING OR DESTROYING CRITICAL INFRASTRUCTURE FACILITY.  (a)  A person commits an offense if, without the effective consent of the owner, the person enters or remains on or in a critical infrastructure facility and intentionally or knowingly damages or destroys the facility.
(b)  An offense under this section is a felony of the third degree.
(c)  If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
(d)  It is a defense to prosecution under this section that the damage caused to the critical infrastructure facility was only superficial.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter B. Criminal Liability › Section 424.052. Offense: Impairing or Interrupting Operation of Critical Infrastructure Facility

Sec. 424.052.  OFFENSE: IMPAIRING OR INTERRUPTING OPERATION OF CRITICAL INFRASTRUCTURE FACILITY.  (a)  A person commits an offense if, without the effective consent of the owner, the person enters or remains on or in a critical infrastructure facility and intentionally or knowingly impairs or interrupts the operation of the facility.
(b)  An offense under this section is a state jail felony.
(c)  If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter B. Criminal Liability › Section 424.053. Offense: Intent to Damage or Destroy Critical Infrastructure Facility

Sec. 424.053.  OFFENSE: INTENT TO DAMAGE OR DESTROY CRITICAL INFRASTRUCTURE FACILITY.  (a)  A person commits an offense if, without the effective consent of the owner, the person enters or remains on or in a critical infrastructure facility with the intent to damage or destroy the facility.
(b)  An offense under this section is a state jail felony.
(c)  If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
(d)  It is a defense to prosecution under this section that the actor intended to cause only superficial damage to the critical infrastructure facility.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter B. Criminal Liability › Section 424.054. Offense: Intent to Impair or Interrupt Operation of Critical Infrastructure Facility

Sec. 424.054.  OFFENSE: INTENT TO IMPAIR OR INTERRUPT OPERATION OF CRITICAL INFRASTRUCTURE FACILITY.  (a)  A person commits an offense if, without the effective consent of the owner, the person enters or remains on or in a critical infrastructure facility with the intent to impair or interrupt the operation of the facility.
(b)  An offense under this section is a Class A misdemeanor.
(c)  If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter B. Criminal Liability › Section 424.055. Punishment for Corporations and Associations

Sec. 424.055.  PUNISHMENT FOR CORPORATIONS AND ASSOCIATIONS.  Notwithstanding Section 12.51, Penal Code, a court shall sentence a corporation or association adjudged guilty of an offense under this subchapter to pay a fine not to exceed $500,000.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter B. Criminal Liability › Section 424.056. Restitution

Sec. 424.056.  RESTITUTION.  If a defendant is convicted of an offense under this subchapter and the offense results in damage to or destruction of property, a court may, in accordance with Article 42.037, Code of Criminal Procedure, order the defendant to make restitution to the owner of the damaged or destroyed property, or the owner's designee, in an amount equal to the value of the property on the date of the damage or destruction.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter C. Civil Liability › Section 424.101. Civil Liability for Damage to Critical Infrastructure Facility

Sec. 424.101.  CIVIL LIABILITY FOR DAMAGE TO CRITICAL INFRASTRUCTURE FACILITY.  (a)  A defendant who engages in conduct constituting an offense under Section 424.051, 424.052, 424.053, or 424.054 is liable to the property owner, as provided by this subchapter, for damages arising from that conduct.
(b)  It is not a defense to liability under this section that a defendant has been acquitted or has not been prosecuted or convicted under Section 424.051, 424.052, 424.053, or 424.054, or has been convicted of a different offense or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter C. Civil Liability › Section 424.102. Certain Additional Liability

Sec. 424.102.  CERTAIN ADDITIONAL LIABILITY.  In addition to any liability under Section 424.101, an organization that, acting through an officer, director, or other person serving in a managerial capacity, knowingly compensates a person for engaging in conduct occurring on the premises of a critical infrastructure facility is liable to the property owner, as provided by this subchapter, for damages arising from the conduct if the conduct constituted an offense under Section 424.051, 424.052, 424.053, or 424.054.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter C. Civil Liability › Section 424.103. Damages

Sec. 424.103.  DAMAGES.  (a)  A claimant who prevails in a suit under this subchapter shall be awarded:
(1)  actual damages; and
(2)  court costs.
(b)  In addition to an award under Subsection (a), a claimant who prevails in a suit under this subchapter may recover exemplary damages.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter C. Civil Liability › Section 424.104. Cause of Action Cumulative

Sec. 424.104.  CAUSE OF ACTION CUMULATIVE.  The cause of action created by this subchapter is cumulative of any other remedy provided by common law or statute.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 424 - Protection of Critical Infrastructure Facilities › Subchapter C. Civil Liability › Section 424.105. Nonapplicability

Sec. 424.105.  NONAPPLICABILITY.  The following provisions of the Civil Practice and Remedies Code do not apply to a cause of action arising under this subchapter:
(1)  Chapter 27; and
(2)  Section 41.008.
Added by Acts 2019, 86th Leg., R.S., Ch. 1297 (H.B. 3557), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 425 - Peace Officer Wellness Program › Subchapter A. General Provisions › Section 425.001. Definitions

Sec. 425.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Fund" means the peace officer wellness fund.
(3)  "Law enforcement agency" means a state agency or political subdivision of this state that employs at least 20 peace officers described by Article 2.12(1), (3), (4), (8), or (10), Code of Criminal Procedure, to answer emergency calls for service or conduct patrol operations, traffic enforcement, or criminal investigations.
(4)  "Violent incident" means an incident involving a peace officer that occurs while the officer is performing official duties and that poses a substantial risk of serious harm to the officer's mental health or well-being, including responding to a homicide, suicide, or fatal motor vehicle accident.
Added by Acts 2023, 88th Leg., R.S., Ch. 615 (H.B. 3858), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 425 - Peace Officer Wellness Program › Subchapter B. Wellness Program › Section 425.051. Establishment of Program

Sec. 425.051.  ESTABLISHMENT OF PROGRAM.  A law enforcement agency may establish and maintain a wellness program for the agency's peace officers.
Added by Acts 2023, 88th Leg., R.S., Ch. 615 (H.B. 3858), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 425 - Peace Officer Wellness Program › Subchapter B. Wellness Program › Section 425.052. Program Requirements

Sec. 425.052.  PROGRAM REQUIREMENTS.  A law enforcement agency that establishes a wellness program must ensure the program complies with any requirements established by the commission and is available to each peace officer who has routinely responded to and may have been affected by a violent incident.  The program at a minimum must provide:
(1)  an initial telephone call or other form of contact from an agency representative to monitor the mental and physical well-being of a peace officer who may have been affected by a violent incident; and
(2)  information regarding mental health resources, including counseling and therapy services, to a peace officer who is struggling to cope with the effect on the officer of responding to a violent incident.
Added by Acts 2023, 88th Leg., R.S., Ch. 615 (H.B. 3858), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 425 - Peace Officer Wellness Program › Subchapter C. Peace Officer Wellness Fund and Grant Program › Section 425.101. Fund

Sec. 425.101.  FUND.  (a)  The peace officer wellness fund is an account in the general revenue fund.
(b)  The fund is composed of:
(1)  money appropriated to the fund by the legislature;
(2)  gifts and grants contributed to the fund; and
(3)  the earnings of the fund.
(c)  Money in the fund may be appropriated only to the commission. The commission may use the money only for making grants under Section 425.102.
Added by Acts 2023, 88th Leg., R.S., Ch. 615 (H.B. 3858), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 425 - Peace Officer Wellness Program › Subchapter C. Peace Officer Wellness Fund and Grant Program › Section 425.102. Peace Officer Wellness Grant Program

Sec. 425.102.  PEACE OFFICER WELLNESS GRANT PROGRAM.  (a)  The commission shall establish and administer a grant program to assist law enforcement agencies in establishing and maintaining peace officer wellness programs as required under Subchapter B.
(b)  The commission shall establish:
(1)  eligibility criteria for grant applicants;
(2)  grant application procedures;
(3)  guidelines relating to grant amounts;
(4)  procedures for evaluating grant applications;
(5)  guidelines relating to the use of a grant awarded under the program, including the reimbursement of costs associated with the provision of counseling and therapy services to peace officers participating in a wellness program; and
(6)  procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any condition of a grant.
Added by Acts 2023, 88th Leg., R.S., Ch. 615 (H.B. 3858), Sec. 1, eff. September 1, 2023.