Texas Government Code 423.0045 – Offense: Operation of Unmanned Aircraft Over Critical Infrastructure Facility
(a) In this section:
(1) Repealed by Acts 2023, 88th Leg., R.S., Ch. 591 (H.B. 3075), Sec. 4, eff. September 1, 2023.
(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 or any structure used as part of a system to provide wired or wireless telecommunications services;
(viii) a port, a railroad switching yard, a trucking terminal, or any 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;
(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 § 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.
(2) “Dam” means any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water.
(3) Repealed by Acts 2023, 88th Leg., R.S., Ch. 591 (H.B. 3075), Sec. 4, eff. September 1, 2023.
(b) A person commits an offense if the person intentionally or knowingly:
(1) operates an unmanned aircraft over a 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 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 critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Government Code 423.0045
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 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;
(6) an owner or operator of the critical infrastructure facility;
(7) a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the critical infrastructure facility;
(8) a person who has the prior written consent of the owner or operator of the critical infrastructure facility; or
(9) 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.
(d) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section or § 423.0046.