OPERATION OF UNMANNED AIRCRAFT OVER CORRECTIONAL FACILITY OR DETENTION FACILITY

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. Added by Acts 2023, 88th Leg., R.S., Ch. 591 (H.B. 3075 ), Sec. 1, eff. September 1, 2023.