Drone Over Your Property? Leach Bill Gives Shooters A Defense

The text as introduced · 266 words

89R10384 JCG-D

By: Leach
H.B. No. 2916

A BILL TO BE ENTITLED

AN ACT

relating to criminal and civil liability for disabling, damaging,

or destroying an unmanned aircraft.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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

adding Section 423.010 to read as follows:

Sec. 423.010. AFFIRMATIVE DEFENSE: DISABLING, DAMAGING, OR

DESTROYING UNMANNED AIRCRAFT. It is an affirmative defense to

prosecution for an offense involving damage or destruction of

property under Section 28.03 or 28.04, Penal Code, or to civil

liability for the damage or destruction of an unmanned aircraft

that the person:

(1) was on property owned or legally occupied by the

person;

(2) used a firearm legally possessed by the person to

disable, damage, or destroy an unmanned aircraft that the person

did not authorize to be on or over the property; and

(3) was not prohibited from discharging the firearm

under Section 42.12, Penal Code, other law or local regulation, or a

dedicatory instrument governing use of the property.

SECTION 2. The change in law made by this Act applies only

to conduct that occurs on or after the effective date of this Act.

Conduct that occurs before the effective date of this Act is

governed by the law in effect on the date the conduct occurred, and

the former law is continued in effect for that purpose. For

purposes of this section, conduct occurs before the effective date

of this Act if any element of the conduct occurs before the

effective date.

SECTION 3. This Act takes effect September 1, 2025.