Signed by Governor Rick Perry

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that limits the private usage of unmanned aircraft for the purpose of capturing an image or surveillance, effective September 1, 2013.

Highlights:

• Prohibits the use of unmanned aircrafts for the purpose of capturing an image of an individual or privately owned real property with the “intent to conduct surveillance” (Sec. 2).

• Defines “image” as any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property, or an individual located on that property (Sec. 2).

• Exempts the use of unmanned aircrafts for the following purposes including, but not limited to, the following instances (Sec. 2):
• For the purpose of professional or scholarly research by an individual acting on behalf of an institution of higher education;
• For the purpose of testing by the Federal Aviation Administration or the United States Military;
• For the purpose of mapping;
• For the purpose of inspecting utility facilities to determine repair, maintenance, or replacement needs;
• For the purpose of capturing an image by law enforcement personnel under certain conditions; and
• For the purpose of surveying a disaster site.

• Requires the Department of Public Safety to adopt rules and guidelines for the use of unmanned aircrafts by a law enforcement authority (Sec. 2).

• Classifies a violation of the provisions in this bill as a Class C misdemeanor for the possession of an image and specifies that each image in violation of this section is a separate offense (Sec. 2).

• Classifies a violation of the provisions in this bill as a Class B misdemeanor for the disclosure, display, distribution, or other use of an image and specifies that each image in violation of this section is a separate offense (Sec. 2).

• Requires law enforcement agencies to issue a written report each odd-numbered year to the governor, the lieutenant governor, and each member of the legislature with the following information from the preceding 24 months and made available the public (Sec. 2):
• The number of times an unmanned aircraft was used;
• The number of criminal investigations aided by the use of an unmanned aircraft;
• The number of times the unmanned aircraft used for law enforcement operations other than a criminal investigation;
• The type of information collected not subject to law enforcement operation; and 
• The total cost of acquiring, maintaining, repairing, and operation of each unmanned aircraft.

Full Bill Text