By: Geren H.B. No. 1285       A BILL TO BE ENTITLED   AN ACT   relating to inspections and examinations by the Railroad Commission   of Texas of certain sites and facilities conducted using unmanned   aircraft.          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 the United States military;                (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 accident causing death   or serious bodily injury to a person; or                            (iii)  any motor vehicle accident 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 the image is captured by the Railroad   Commission of Texas or an agent, servant, or employee of the   commission in connection with the inspection and examination of:                      (A)  an oil or gas site or facility, including a   well, tank, or disposal or injection site;                      (B)  a pipeline facility; or                      (C)  a surface mining site.          SECTION 2.  Section 88.091, Natural Resources Code, is   amended to read as follows:          Sec. 88.091.  ACCESS TO PROPERTY AND RECORDS. The   governmental agency shall have access at all times to:                (1)  the oil property of all persons for inspection and   examination, including for inspection and examination by unmanned   aircraft; and                (2)  the records of all these persons for inspection,   examination, and audit.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.