bill adding news-gathering to lawful reasons for drone images

The text as introduced · 1,061 words

By: Louderback
H.B. No. 4436

A BILL TO BE ENTITLED

AN ACT

relating to certain images captured by an unmanned aircraft for

purposes of news-gathering.

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

SECTION 1. Section 423.002(a), Government Code, is amended

to read as follows:

(a) It is lawful to capture an image using an unmanned

aircraft in this state:

(1) for the purpose of professional or scholarly

research and development or for another academic purpose by a

person acting on behalf of an institution of higher education or a

private or independent institution of higher education, as those

terms are 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:

(A) the United States military; or

(B) the Texas military forces as defined by

Section 437.001;

(4) if the image is captured by a satellite for the

purposes of mapping;

(5) if the image is captured by or for an electric or

natural gas utility or a telecommunications provider:

(A) for operations and maintenance of utility or

telecommunications facilities for the purpose of maintaining

utility or telecommunications system reliability and integrity;

(B) for inspecting utility or telecommunications

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 or telecommunications

easements; and

(D) for utility or telecommunications facility

routing and siting for the purpose of providing utility or

telecommunications service;

(6) with the consent of the individual who owns or

lawfully occupies the real property captured in the image;

(7) pursuant to a valid search or arrest warrant;

(8) if the image is captured 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 reasonable suspicion or probable cause to

suspect has committed an offense, not including misdemeanors or

offenses punishable by a fine only;

(B) for the purpose of documenting a crime scene

where an offense, not including misdemeanors or offenses punishable

by a fine only, has been committed;

(C) for the purpose of investigating the scene

of:

(i) a human fatality;

(ii) a motor vehicle collision causing

death or serious bodily injury to a person; or

(iii) any motor vehicle collision on a

state highway or federal interstate or highway;

(D) in connection with the search for a missing

person;

(E) for the purpose of conducting a high-risk

tactical operation that poses a threat to human life;

(F) of private property that is generally open to

the public where the property owner consents to law enforcement

public safety responsibilities; or

(G) of real property or a person on real property

that is within 25 miles of the United States border for the sole

purpose of ensuring border security;

(9) if the image is captured 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, as provided by state or local law;

(10) at the scene of a spill, or a suspected spill, of

hazardous materials;

(11) for the purpose of fire suppression;

(12) for the purpose of rescuing a person whose life or

well-being is in imminent danger;

(13) if the image is captured 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;

(14) 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;

(15) of public real property or a person on that

property;

(16) if the image is captured by the owner or operator

of an oil, gas, water, or other pipeline for the purpose of

inspecting, maintaining, or repairing pipelines or other related

facilities, and is captured without the intent to conduct

surveillance on an individual or real property located in this

state;

(17) in connection with oil pipeline safety and rig

protection;

(18) in connection with port authority surveillance

and security;

(19) if the image is captured by a registered

professional land surveyor in connection with the practice of

professional surveying, as those terms are defined by Section

1071.002, Occupations Code, provided that no individual is

identifiable in the image;

(20) if the image is captured by a professional

engineer licensed under Subchapter G, Chapter 1001, Occupations

Code, in connection with the practice of engineering, as defined by

Section 1001.003, Occupations Code, provided that no individual is

identifiable in the image; or

(21) if:

(A) the image is captured by an employee of an

insurance company or of an affiliate of the company in connection

with the underwriting of an insurance policy, or the rating or

adjusting of an insurance claim, regarding real property or a

structure on real property; and

(B) the operator of the unmanned aircraft is

authorized by the Federal Aviation Administration to conduct

operations within the airspace from which the image is captured ; or

(22) if:

(A) the image is captured for the purpose of

news-gathering by:

(i) a radio or television broadcast

station licensed by the Federal Communications Commission;

(ii) a newspaper of general circulation

published in this state; or

(iii) another bona fide news organization;

and

(B) any identifiable person captured in the

image was not in a place where that person had a reasonable

expectation of privacy .

SECTION 2. This Act takes effect September 1, 2025.