H.B. No. 1643         AN ACT   relating to the regulation of the operation of an unmanned aircraft   and the prosecution of a related criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 423.0045(a)(1), Government Code, is   amended to read as follows:                (1)  "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 or any structure used as part of a system to   provide wired or wireless telecommunications services;                            (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                            (xiii)  a concentrated animal feeding   operation, as defined by Section 26.048, Water Code; or                      (B)  if enclosed by a fence or other physical   barrier obviously designed to exclude intruders:                            (i)  any portion of an aboveground oil, gas,   or chemical pipeline;                            (ii)  an oil or gas drilling site;                            (iii)  a group of tanks used to store crude   oil, such as a tank battery;                            (iv)  an oil, gas, or chemical production   facility;                            (v)  an oil or gas wellhead; or                            (vi)  any oil and gas facility that has an   active flare [that is enclosed by a fence or other physical barrier   that is obviously designed to exclude intruders].          SECTION 2.  Section 423.0045(c), Government Code, is amended   to read as follows:          (c)  This section does not apply to conduct described by   Subsection (b) that is committed by:                (1)  the federal government, the state, or a   governmental entity;                (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;                (3)  a law enforcement agency;                (4)  a person under contract with or otherwise acting   under the direction or on behalf of a law enforcement agency;                (5)  an owner or operator of the critical   infrastructure facility;                (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;                (7)  a person who has the prior written consent of the   owner or operator of the critical infrastructure facility;                (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 operation is conducted in   compliance with:                      (A)  each applicable Federal Aviation   Administration rule, restriction, or exemption; and                      (B)  all required Federal Aviation Administration   authorizations [operator is authorized by the Federal Aviation   Administration to conduct operations over that airspace].          SECTION 3.  Chapter 423, Government Code, is amended by   adding Section 423.009 to read as follows:          Sec. 423.009.  REGULATION OF UNMANNED AIRCRAFT BY POLITICAL   SUBDIVISION.  (a)  In this section:                (1)  "Political subdivision" includes a county, a joint   board created under Section 22.074, Transportation Code, and a   municipality.                (2)  "Special event" means a festival, celebration, or   other gathering that:                      (A)  involves:                            (i)  the reservation and temporary use of   all or a portion of a public park, road, or other property of a   political subdivision; and                            (ii)  entertainment, the sale of   merchandise, food, or beverages, or mass participation in a sports   event; and                      (B)  requires a significant use or coordination of   a political subdivision's services.          (b)  Except as provided by Subsection (c), a political   subdivision may not adopt or enforce any ordinance, order, or other   similar measure regarding the operation of an unmanned aircraft.          (c)  A political subdivision may adopt and enforce an   ordinance, order, or other similar measure regarding:                (1)  the use of an unmanned aircraft during a special   event;                (2)  the political subdivision's use of an unmanned   aircraft; or                (3)  the use of an unmanned aircraft near a facility or   infrastructure owned by the political subdivision, if the political   subdivision:                      (A)  applies for and receives authorization from   the Federal Aviation Administration to adopt the regulation; and                      (B)  after providing reasonable notice, holds a   public hearing on the political subdivision's intent to apply for   the authorization.          (d)  An ordinance, order, or other similar measure that   violates Subsection (b) is void and unenforceable.          SECTION 4.  Section 423.0045, Government Code, as amended 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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1643 was passed by the House on May   11, 2017, by the following vote:  Yeas 135, Nays 8, 2 present, not   voting; that the House refused to concur in Senate amendments to   H.B. No. 1643 on May 26, 2017, and requested the appointment of a   conference committee to consider the differences between the two   houses; and that the House adopted the conference committee report   on H.B. No. 1643 on May 28, 2017, by the following vote:  Yeas 143,   Nays 2, 1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1643 was passed by the Senate, with   amendments, on May 24, 2017, by the following vote:  Yeas 27, Nays   4; at the request of the House, the Senate appointed a conference   committee to consider the differences between the two houses; and   that the Senate adopted the conference committee report on H.B. No.   1643 on May 28, 2017, by the following vote:  Yeas 26, Nays 5.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor