The state of Texas has implemented its own set of laws as it pertains to the use of drones. These drone laws in Texas were created by the Texas Legislature and apply to the entirety of the state.
The current laws are as follows:
Telecommunications Providers – SB 840 (2017)
Telecommunications providers are permitted to use drones for the purpose of capturing images. Additionally, only law enforcement may use drones to capture images of real property that is within 25 miles of the border of the United States of America for purposes of border security only. Furthermore, this specific law permits a drone to be used by insurance companies for capturing images for specific insurance purposes. However, the operator of the drone must be officially authorized by the Federal Aviation Administration.
Local Government Restrictions – HB 1424 (2017)
Local governments are not permitted to regulate drones with the exception of during special events, as well as whenever the drone is used by the locality in question.
No Identifiable Individuals – HB 2167 (2015)
Individuals who work in certain professions are permitted to use drones to capture images related to those professions. However, drone laws in Texas mandate there can be no other individual identifiable in any of the images captured by the drone.
Critical Infrastructure – HB 1481 (2015)
Operating a drone over a critical infrastructure facility is considered a Class B misdemeanor if the drone is not 400 feet off the ground at the time.
Additional Lawful Uses – HB 912 (2013)
A total of 19 lawful uses of an unmanned aircraft are enumerated. These include:
- Flying a drone in airspace that has been designated as a Federal Aviation Administration test site
- Oil pipeline safety and rig protection and their overall use in connection with a valid search warrant
Additionally, two new crimes are also created as a result of this law:
- Unmanned aircraft illegally to capturing and processing images
- Distribution of images that were captured illegally
Texas Administrative Code 65.152 (2005)
Using drones to drive, hunt, count, take, capture, or photograph wildlife is considered unlawful. The only exception is if the operator has an Aerial Management Permit and a Land Owner Authorization.
Texas Parks & Wildlife Policy
Broadly, Texas State Parks do not permit the flying of any drones without a permit. However, two parks allow exceptions for specified zones: San Angelo and Lake Whitney.
In addition to state laws, Texas is also subject to the following federal laws:
Commercial Piloting
Anyone wishing to fly a drone as a commercial pilot is required to follow the requirements mandated as part of the Federal Aviation Administration’s Part 107 Small UAS Rule (Part 107). This includes passing their Aeronautical Knowledge Test, which will enable you to obtain a Remote Pilot Certificate.
Register Your Drone
In order to fly a drone as part of a hobby, the drone must be registered with the Federal Aviation Administration, as well as following their Special Rule for Model Aircraft.
Government Employees
In order to operate a drone as a government employee, the operator can do so under either the Federal Aviation Administration’s Part 107 rule or obtaining a federal Certificate of Authorization.
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