Texas was the most active State this year in drone policy, with twenty bills getting introduced and seven measures making to the Governor’s desk. This high level of activity can be attributed to two major factors: 1.)  In March of 2022, a federal judge ruled Texas’ drone regulatory code, Chapter 423, unconstitutional, and 2.) the Texas legislature only meets in odd-numbered years. As a result, the Texas legislature started this session looking to rebuild their regulatory framework for drones, and to do so in just five months.  

Legislation  

Unsatisfactory Measures 

• House Bill 2159 – This measure removes the exception for commercial operations for flights over critical infrastructure. It died in committee. 

• House Bill 3075 – This measure makes it an offense to fly UAS over a correctional facility at under 400 feet, to make contact with a facility, or to come within a distance of the facility to cause a disturbance. It has been sent to the Governor. 

Measures that Needed Improvement 

• House Bill 2365/Senate Bill 1308 - These measures make it an offense to operate a UAS over an airport or military installation at under 400 feet. It was amended to provide exceptions for commercial operations. The Senate version has been sent to the Governor. 

Satisfactory Measures 

• House Bill 560 – This measure orders a study on the mitigation of transportation security threats, including UAS. It died in the second chamber. 

• House Bill 3489 – This measure allows for the use of UAS to assist in locating and retrieving wounded or killed wildlife on private land. It died in committee. 

• House Bill 4249/Senate Bill 1899 – These measures clarify that the use of deadly force involving a drone is only justified if necessary to protect against imminent harm. Both measures died in committee. 

• Senate Bill 947 – This measure makes it a felony to intentionally or knowingly damage, destroy, or impair a critical infrastructure facility using a drone. It has been sent to the Governor. 

• House Bill 1833 – This measure makes it a felony to engage in criminal mischief with a critical infrastructure facility or public power supply through the use of a drone. It has been Sent to the Governor. 

Above Average Measures  

• House Bill 1516/ Senate Bill 423 – This measure allows the Texas military forces to use UAS to capture images. The Senate bill was signed by the Governor and is law.  

• House Bill 1302 – This measure allows the railroad commission of Texas to use UAS for inspection purposes. It died in the Senate. 

• House Bill 4102/Senate Bill 1986  – These measures prohibit a governmental entity from acquiring or using a UAS or related service/equipment produced by a company owned, controlled, or headquartered in China, Iran, North Korea, Russia, or Syria. Both measures died in committee. 

• House Bill 4737 – This measure prohibits a governmental entity from purchasing or using a UAS produced by a company owned, controlled, or headquartered in China. It allows UAS acquired before September 1, 2023, to continue to be used. It died in committee. 

• House Bill 2678/Senate Bill 2144 – These measures appoint an advisory committee to assess current and needed state law for the development of AAM in the State. The Senate version has been signed by the Governor and is law. 

• House Bill 1 – This measure is the budget bill, which includes funding for the development of a Lone Star UAS Center. It has passed both houses.  

Willingness to Engage: Satisfactory 

The Texas legislature, along with relevant stakeholders, showed a willingness to engage throughout this session. As some of the more unfavorable policies were introduced and began to move through the process, AUVSI contacted relevant legislators on our concerns and flagged our problems with them. We were then able to connect with those behind the language and work together for an outcome that achieved the goal of the legislation while still protecting the rights of drone operators.  

Openness to Industry: Satisfactory  

Texas showed an openness to working with industry and desire to keep the state at the forefront throughout this session. Before the session even began, an anti-industry piece of vertiport legislation was being floated for possible introduction. Immediately, companies in the field expressed their concerns with the proposed language, and the measure was never even introduced for formal consideration. Additionally, the State passed measures this session to invest in the industry and prepare the State to take advantage of the technology that is emerging in the space.  

Overall: Satisfactory  

The Texas legislature had an incredibly active session, seeking to get through all the policy priorities they could. Still, they took the time to hear out concerns and try to reach consensus language and kept a favorable environment for the industry. With consideration shown to industry and stakeholders throughout the 2023 session, Texas proved its commitment to remaining on the forefront of emerging technology.