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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and use of an unmanned aircraft; creating |
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a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 423, Government Code, is amended by |
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adding Section 423.0044 to read as follows: |
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Sec. 423.0044. OFFENSE: OPERATION OF UNMANNED AIRCRAFT |
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EQUIPPED WITH CERTAIN WEAPONS. (a) In this section: |
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(1) "Chemical dispensing device," "explosive weapon," |
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"firearm," and "improvised explosive device" have the meanings |
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assigned by Section 46.01, Penal Code. |
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(2) "State military forces" has the meaning assigned |
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by Section 437.001. |
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(b) A person commits an offense if the person operates an |
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unmanned aircraft that is equipped with a chemical dispensing |
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device, an explosive weapon, an improvised explosive device, or a |
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firearm. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) It is a defense to prosecution under this section that: |
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(1) the actor is the owner or occupant of the real |
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property over which the unmanned aircraft was operated or the actor |
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received the prior written consent of the owner or occupant of that |
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property; |
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(2) the unmanned aircraft was operated in the course |
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of the actor's actual discharge of official duties as a member of |
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the United States armed forces or the state military forces; or |
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(3) the unmanned aircraft was: |
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(A) equipped only with a chemical dispensing |
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device or with a firearm containing nonlethal rounds; and |
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(B) operated in the course of the actor's actual |
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discharge of official duties as a peace officer. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. Subchapter E, Chapter 9, Penal Code, is amended |
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by adding Section 9.54 to read as follows: |
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Sec. 9.54. USE OF UNMANNED AIRCRAFT. (a) Notwithstanding |
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any other law, the use of force involving an unmanned aircraft is |
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justified under this subchapter only if: |
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(1) the actor's use of force: |
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(A) would have been justified under another |
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provision of this subchapter; and |
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(B) did not involve the use of deadly force; and |
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(2) before the actor's use of force occurred, the |
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governor, on a case-by-case basis, specifically approved the |
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actor's use of force by means of an unmanned aircraft. |
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(b) Notwithstanding any other law, the use of deadly force |
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involving an unmanned aircraft is not justified under this |
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subchapter. |
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SECTION 3. Section 9.54, Penal Code, as added by this Act, |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |