Hefner’s Foreign Drone Ban Grandfathers The Fleet Until 2031

The text as introduced · 1,075 words

89R4658 JSC-F

By: Hefner
H.B. No. 41

A BILL TO BE ENTITLED

AN ACT

relating to the acquisition or use of certain foreign equipment or

services by a governmental entity.

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

SECTION 1. The heading to Chapter 423, Government Code, is

amended to read as follows:

CHAPTER 423. [ USE OF ] UNMANNED AIRCRAFT

SECTION 2. Sections 423.001, 423.002, 423.003, 423.004,

423.0045, 423.0046, 423.005, 423.006, 423.007, 423.008, and

423.009, Government Code, are designated as Subchapter A, Chapter

423, Government Code, and a heading is added to Subchapter A to read

as follows:

SUBCHAPTER A. REGULATION OF UNMANNED AIRCRAFT

SECTION 3. Subchapter A, Chapter 423, Government Code, as

added by this Act, is amended by adding Section 423.010 to read as

follows:

Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN

UNMANNED AIRCRAFT OR RELATED EQUIPMENT OR SERVICES BY GOVERNMENTAL

ENTITY PROHIBITED. (a) In this section:

(1) "Company" means a sole proprietorship,

organization, association, corporation, partnership, joint

venture, limited partnership, limited liability partnership, or

limited liability company, including a wholly owned subsidiary,

majority-owned subsidiary, parent company, or affiliate of those

entities or business associations, that exists to make a profit.

(2) "Governmental entity" means this state, a

political subdivision of this state, or an agency of this state or a

political subdivision of this state.

(b) Except as provided by Subsection (d), a governmental

entity may not acquire or use an unmanned aircraft, or related

equipment or services, produced or provided by a company that the

governmental entity knows or has reason to believe is:

(1) owned by or the majority of stock or other

ownership interest of the company is held or controlled by:

(A) the government of China, Iran, North Korea,

Russia, or Syria; or

(B) a company or other entity, including a

government entity, that is owned or controlled by the government of

China, Iran, North Korea, Russia, or Syria; or

(2) headquartered in China, Iran, North Korea, Russia,

or Syria.

(c) The prohibition described by Subsection (b) applies

regardless of whether:

(1) the company's or its parent company's securities

are publicly traded; or

(2) the company or its parent company is listed on a

public stock exchange as a Chinese, Iranian, North Korean, Russian,

or Syrian company.

(d) A governmental entity that, before September 1, 2025,

acquired, or entered into a contract or agreement to acquire, an

unmanned aircraft or related equipment or services described by

Subsection (b) may continue to use the unmanned aircraft or related

equipment or services until September 1, 2030.

SECTION 4. Chapter 423, Government Code, is amended by

adding Subchapter B to read as follows:

SUBCHAPTER B. GRANT PROGRAM

Sec. 423.051. DEFINITION. In this subchapter, "program"

means the Law Enforcement Secure Unmanned Aircraft Grant Program

administered under this subchapter.

Sec. 423.052. ESTABLISHMENT OF PROGRAM. (a) From money

appropriated for the purpose, the attorney general shall establish

a grant program under this subchapter to provide grants to law

enforcement agencies to replace working equipment prohibited under

Section 423.010 that was actively in use by the law enforcement

agencies immediately before September 1, 2025, and that has not

reached its end of life before that date.

(b) The attorney general shall award grants under the

program from money appropriated for purposes of the program.

Sec. 423.053. GRANT APPLICATION. (a) A law enforcement

agency may apply for a grant from the attorney general in the form

and manner prescribed by the attorney general.

(b) The grant application must include the number and types

of unmanned aircraft or related equipment that require replacement.

Sec. 423.054. USE OF FUNDS. Grant recipients may use funds

only to purchase replacement unmanned aircraft or related equipment

that complies with Section 423.010.

Sec. 423.055. SURRENDER OF REPLACED UNMANNED AIRCRAFT OR

RELATED EQUIPMENT. To enable the designated entity to study or

dispose of the aircraft or related equipment, a grant recipient

promptly shall surrender to an entity designated by the attorney

general the prohibited unmanned aircraft or related equipment with

respect to which the grant was awarded.

Sec. 423.056. EXPIRATION OF SUBCHAPTER. This subchapter

expires on the second anniversary of the date that all money

appropriated for the grant program established under this

subchapter has been expended.

SECTION 5. Chapter 2054, Government Code, is amended by

adding Subchapter T to read as follows:

SUBCHAPTER T. MODEL SECURITY PLAN REGARDING CERTAIN FOREIGN

TELECOMMUNICATIONS OR VIDEO SURVEILLANCE TECHNOLOGIES

Sec. 2054.651. MODEL SECURITY PLAN FOR PROHIBITED OR

SUSPECT TECHNOLOGIES. (a) In this section, "company" and

"governmental entity" have the meanings assigned by Section

423.010.

(b) The department shall create and as necessary amend a

model security plan for prohibited or suspect technologies to

address a governmental entity's acquisition or use of

telecommunications or video surveillance equipment or services

that may present a risk to state security.

(c) The model security plan must list known companies that

produce or provide telecommunications or video surveillance

equipment or services that may present a risk to state security.

The list must include any foreign company that is:

(1) described by Section 423.010;

(2) prohibited from participating in federal

contracts under Section 889, John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), or

other federal law; or

(3) considered by the department to pose a risk to

state security.

(d) The department shall make the model security plan

created under this section available to governmental entities.

SECTION 6. Section 423.010(b), Government Code, as added by

this Act:

(1) applies to the acquisition of an unmanned aircraft

or related equipment or services on or after the effective date of

this Act, except that a contract or agreement to purchase or

otherwise acquire an unmanned aircraft or related equipment or

services described by that subsection that is entered into before

the effective date of this Act is unaffected by this Act; and

(2) except as otherwise provided by Section

423.010(d), Government Code, as added by this Act, applies to the

use of an unmanned aircraft or related equipment or services on or

after the effective date of this Act, regardless of whether the

unmanned aircraft or related equipment or services were acquired

before, on, or after the effective date of this Act.

SECTION 7. Not later than December 1, 2025, the Department

of Information Resources shall create the initial model security

plan required by Section 2054.651, Government Code, as added by

this Act.

SECTION 8. This Act takes effect September 1, 2025.