85R2880 JCG-F     By: Workman H.B. No. 638       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offense of operation of unmanned   aircraft over correctional facility or critical infrastructure   facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 423.0045, Government   Code, is amended to read as follows:          Sec. 423.0045.  OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER   CORRECTIONAL FACILITY OR CRITICAL INFRASTRUCTURE FACILITY.          SECTION 2.  Section 423.0045(a), Government Code, is amended   by amending Subdivision (1) and adding Subdivision (1-a) to read as   follows:                (1)  "Correctional facility" means:                      (A)  a confinement facility operated by or under   contract with any division of the Texas Department of Criminal   Justice;                      (B)  a municipal or county jail; or                      (C)  a secure correctional facility or secure   detention facility, as defined by Section 51.02, Family Code.                (1-a)  "Critical infrastructure facility" means:                      (A)  one of the following, if completely enclosed   by a fence or other physical barrier that is obviously designed to   exclude intruders, or if clearly marked with a sign or signs that   are posted on the property, are reasonably likely to come to the   attention of intruders, and indicate that entry is forbidden:                            (i)  a petroleum or alumina refinery;                            (ii)  an electrical power generating   facility, substation, switching station, or electrical control   center;                            (iii)  a chemical, polymer, or rubber   manufacturing facility;                            (iv)  a water intake structure, water   treatment facility, wastewater treatment plant, or pump station;                            (v)  a natural gas compressor station;                            (vi)  a liquid natural gas terminal or   storage facility;                            (vii)  a telecommunications central   switching office;                            (viii)  a port, railroad switching yard,   trucking terminal, or other freight transportation facility;                            (ix)  a gas processing plant, including a   plant used in the processing, treatment, or fractionation of   natural gas;                            (x)  a transmission facility used by a   federally licensed radio or television station;                            (xi)  a steelmaking facility that uses an   electric arc furnace to make steel; or                            (xii)  a dam that is classified as a high   hazard by the Texas Commission on Environmental Quality; or                      (B)  any portion of an aboveground oil, gas, or   chemical pipeline that is enclosed by a fence or other physical   barrier that is obviously designed to exclude intruders.          SECTION 3.  Sections 423.0045(b) and (c), Government Code,   are amended to read as follows:          (b)  A person commits an offense if the person intentionally   or knowingly:                (1)  operates an unmanned aircraft over a correctional   facility or critical infrastructure facility and the unmanned   aircraft is not higher than 400 feet above ground level;                (2)  allows an unmanned aircraft to make contact with a   correctional facility or critical infrastructure facility,   including any person or object on the premises of or within the   facility; or                (3)  allows an unmanned aircraft to come within a   distance of a correctional facility or critical infrastructure   facility that is close enough to interfere with the operations of or   cause a disturbance to the facility.          (c)  This section does not apply to:                (1)  conduct described by Subsection (b) that involves   a correctional facility or critical infrastructure facility and    [that] is committed by:                      (A) [(1)]  the federal government, the state, or a   governmental entity;                      (B) [(2)]  a person under contract with or   otherwise acting under the direction or on behalf of the federal   government, the state, or a governmental entity;                      (C) [(3)]  a law enforcement agency;                      (D) [(4)]  a person under contract with or   otherwise acting under the direction or on behalf of a law   enforcement agency; or                      (E)  an operator of an unmanned aircraft that is   being used for a commercial purpose, if the operator is authorized   by the Federal Aviation Administration to conduct operations over   that airspace; or                (2)  conduct described by Subsection (b) that involves   a critical infrastructure facility and is committed by:                      (A) [(5)]  an owner or operator of the critical   infrastructure facility;                      (B) [(6)]  a person under contract with or   otherwise acting under the direction or on behalf of an owner or   operator of the critical infrastructure facility;                      (C) [(7)]  a person who has the prior written   consent of the owner or operator of the critical infrastructure   facility; or                      (D) [(8)]  the owner or occupant of the property   on which the critical infrastructure facility is located or a   person who has the prior written consent of the owner or occupant of   that property[; or                [(9)     an operator of an unmanned aircraft that is being   used for a commercial purpose, if the operator is authorized by the   Federal Aviation Administration to conduct operations over that   airspace].          SECTION 4.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 5.  This Act takes effect September 1, 2017.