Texas Drone Laws
The rapid rise of drone technology has brought new opportunities—and new challenges—for individuals and businesses across Texas. From capturing stunning aerial photography to streamlining agricultural operations, drones have become useful in many industries. However, their growing presence has also led to legal scrutiny, especially when it comes to issues like privacy, airspace interference, and public safety. For drone enthusiasts and professionals alike, understanding the legal landscape in Texas isn’t just important—it’s essential to avoid fines, lawsuits, or criminal charges.
In this blog, we’ll break down the laws governing drone use in Texas, explore the penalties for violations, and provide practical insights to help operators fly responsibly. Whether you’re a hobbyist or a commercial pilot, knowing the rules will ensure you stay on the right side of the law while enjoying the benefits of this transformative technology.
What Are Drones?
Drones, also known as unmanned aerial vehicles (UAVs), are flying devices that don’t have a pilot on board. They can be controlled remotely by a person or programmed to fly on their own (autonomously). Many drones are equipped with cameras, sensors, or other tools, making them useful for various tasks like photography, inspections, or deliveries. They are used in various sectors, including:
- Recreation: Hobbyists use drones for capturing aerial footage.
- Commercial Applications: Industries like agriculture, construction, and delivery rely on drones for efficiency.
- Law Enforcement: Police use drones for surveillance and evidence collection.
However, drones also present risks such as privacy violations, airspace interference, and public safety hazards. These concerns have prompted state and federal laws to regulate their usage.
Federal Drone Regulations
Drone operators in Texas must first comply with federal regulations enforced by the Federal Aviation Administration (FAA). Key requirements include:
- Any drone weighing more than 0.55 pounds must be registered with the FAA Registration Information.
- Commercial drone operators must pass the FAA’s Part 107 Aeronautical Knowledge Test to obtain a Remote Pilot Certificate.
- Operating Restrictions
- Drones must stay below 400 feet above ground level.
- Operators must maintain a visual line of sight.
- Flying near airports or in restricted airspace is prohibited without special authorization.
While federal laws provide overall guidance, Texas has enacted state-specific rules to address local concerns.
Texas Drone Laws
Texas has introduced several laws to regulate how drones can be used. If you want to explore all the details, you can check the Texas State Law Library for more information. Here, we’ve highlighted the most important points from these laws to help you understand the basics:
1. Privacy Protections
The Texas Privacy Act (Government Code § 423) is one of the most critical laws addressing drone operations. It aims to protect citizens from unwarranted surveillance or photography.
- Illegal Surveillance: Capturing images or recordings of private property or individuals without consent is prohibited. Violations can result in fines of up to $5,000 per image or recording.
Exceptions:
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- Law enforcement with a warrant.
- Utility companies are inspecting infrastructure.
- Academic research is approved by educational institutions.
2. Critical Infrastructure Protection
Under Government Code § 423.0045, flying a drone over critical infrastructure, such as power plants, water treatment facilities, and refineries, is a Class B misdemeanor. Repeated offenses elevate the charge to a Class A misdemeanor.
3. Trespassing Laws
Drones used for unauthorized surveillance over private property may also violate trespassing laws under Texas Penal Code § 30.05. This adds additional criminal penalties to operators who misuse drones.
Penalties for Violating Texas Drone Laws
Texas law enforces stringent penalties to deter unlawful drone activity:
- Misdemeanors: Violations such as flying over critical infrastructure can lead to up to 180 days in jail and a $2,000 fine.
- Civil Penalties: Privacy violations may incur fines of up to $5,000 per image, as outlined in the Texas Government Code § 423.003.
- Federal Penalties: Non-compliance with FAA regulations, such as unregistered drones or flying in restricted airspace, can result in fines up to $27,500 or criminal charges.
Tips for Drone Operators in Texas
To stay compliant and avoid penalties, consider these tips:
- Start by understanding and complying with FAA regulations.
- Ensure your drone is registered and displays the FAA-assigned number.
- Never fly over private property without the owner’s consent.
- Research city-specific ordinances before flying in urban areas.
- Laws evolve as drone technology advances. Regularly check for updates.
Arrested? Don’t Plea, Call Me!
Drones offer endless possibilities for recreation and innovation, but in Texas, using them without understanding the laws can lead to serious legal consequences. Whether it’s flying over private property, violating airspace restrictions, or unintentionally breaking privacy laws, the risks are real. Staying informed about both federal and state drone regulations is not just a good practice—it’s a legal requirement.
If you find yourself facing legal issues due to drone use, don’t navigate it alone. The laws are complex, and penalties can be severe. The Texas Criminal Defense Group is ready to provide expert legal advice and representation to protect your rights. Contact us today for a consultation and ensure you have a strong defense on your side.