Sec. 38.115. Operation of Unmanned Aircraft over Correctional Facility or Detention Facility
(a)
In this section:
(1)
"Contraband" means any item not provided by or authorized by the operator of a correctional facility or detention facility.
(2)
"Correctional facility" means:
(A)
a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B)
a municipal or county jail;
(C)
a confinement facility operated by or under contract with the Federal Bureau of Prisons; or
(D)
a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.
(3)
"Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.
(b)
A person commits an offense if the person intentionally or knowingly:
(1)
operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;
(2)
allows an unmanned aircraft to make contact with a correctional facility or detention 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 correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
(c)
This section does not apply to conduct described by Subsection (b) that is committed by:
(1)
the federal government, this state, or a governmental entity;
(2)
a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;
(3)
a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;
(4)
a law enforcement agency; or
(5)
a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.
(d)
An offense under this section is a Class B misdemeanor, except that the offense is:
(1)
a Class A misdemeanor if the actor has previously been convicted under this section; or
(2)
a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:
(A)
provide contraband to a person in the custody of the correctional facility or detention facility; or
(B)
otherwise introduce contraband into the correctional facility or detention facility.
Legislative history
Added by Acts 2023, 88th Leg., R.S., Ch. 591 (H.B. 3075), Sec. 1, eff. September 1, 2023.