89R21772 MEW-F     By: Capriglione H.B. No. 3662     Substitute the following for H.B. No. 3662:     By:  Buckley C.S.H.B. No. 3662       A BILL TO BE ENTITLED   AN ACT   relating to the operation of an unmanned aircraft over a primary or   secondary school instructional facility; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 423, Government Code, is amended by   adding Section 423.0047 to read as follows:          Sec. 423.0047.  OFFENSE: OPERATION OF UNMANNED AIRCRAFT OVER   PRIMARY OR SECONDARY SCHOOL INSTRUCTIONAL FACILITY.  (a)  In this   section, "instructional facility" means real property, an   improvement to real property, or a necessary fixture of an   improvement to real property that is used predominantly to provide   instruction to primary or secondary school students.          (b)  A person commits an offense if the person knowingly   operates an unmanned aircraft over an instructional facility owned   or leased by a public or private primary or secondary school.          (c)  This section does not apply to conduct described by   Subsection (b) that is engaged in by:                (1)  the federal government, the state, a governmental   entity, or a law enforcement agency;                (2)  a person under contract with or otherwise acting   under the direction of or on behalf of the federal government, the   state, a governmental entity, or a law enforcement agency;                (3)  an operator of an unmanned aircraft that is being   used for a commercial purpose, if:                      (A)  the operation is conducted in compliance with   all applicable Federal Aviation Administration rules,   restrictions, and exemptions; and                      (B)  the operator obtains all required Federal   Aviation Administration authorizations;                (4)  a person who has the prior written consent of the   principal, the vice principal, or a school resource officer or   peace officer assigned to the instructional facility; or                (5)  a person who is younger than 14 years of age.           (d)  If the principal, the vice principal, or a school   resource officer or peace officer assigned to an instructional   facility witnesses the operation of an unmanned aircraft over the   instructional facility, the principal, vice principal, or officer   may temporarily take possession of the unmanned aircraft for the   purpose of providing the unmanned aircraft to a local law   enforcement agency as evidence of an offense under Subsection (b).          (e)  A judge having jurisdiction of an offense under   Subsection (b) may dismiss a charge for an offense described by that   subsection if:                (1)  the defendant is younger than 17 years of age at   the time of the offense; and                (2)  the judge finds that the defendant did not   intentionally commit the offense.          (f)  Before dismissing a charge under Subsection (e), the   judge shall issue to the defendant a warning and refer the defendant   to an educational program on drone safety and aviation laws.          (g)  An offense under this section is a Class C misdemeanor,   except that the offense is a Class B misdemeanor if the actor has   previously been convicted under:                (1)  this section;                (2)  Section 423.0045; or                 (3)  Section 423.0046.          SECTION 2.  This Act takes effect September 1, 2025.