Texas HB 912 Passes out of House. Ban image capture by Unmanned Aircraft

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ghaynes

Member
Heads up for those of you living in Texas. The Texas House has passed HB 912, sending it over to the Senate. Effectively it makes it a Misdemeanor to capture any type of image of persons or property without permission.

You can read the proposed law at http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB912. Read the 'engrossed' version which has all of the latest changes.

If you live in Texas you may want to contact both your state Senator and House representative. Make your voices heard.

It has lots of exceptions for all sorts of special interests. Yet nothing is exempted for hobby fliers (multirotor or aircraft) nor things like the movie industry.
 


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ghaynes

Member
The Texas bill which may have a chilling effect on any multirotor usage is only a couple of steps away from becoming law. Here's the current status as a timeline.
View attachment 11785

So it is one short vote to the governor for final approval.

No one from our industry or even the AMA have been witnesses against this legislation.

This is the description of the violation:

(a) A person commits an offense if the person uses an unmanned vehicle or unmanned aircraft to capture an image of:
(1) an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image; or
(2) real property in this state, on which a primary or secondary school or a licensed child-care facility is operated or an individual located on that property, with the intent to conduct surveillance.

Penalties include it being a Class C Misdemeanor as well as giving specific civil remedies of the photographed party.

Please contact your State Senator today.
 

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Mactadpole

Mactadpole

Member
Yep, I called this morning to voice my opposition. This stinks. But I think the out will be "with the intent to conduct surveillance on the individual or property..." Although it could be an expensive charge to fight.

This bill has made it all this way by a simple vote of 6 representatives. Politics in Texas sucks. But I love the state.
 



Efliernz

Efliernz

Pete
How do they prove "intent of surveillance" as opposed to leisure observation without intent... or are you guilty until you prove otherwise?

Pete
 

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Dewster

Member
This sounds like a loosely written law meant to keep law enforcement from using drones without warrant. It can also get flyers in a bind if law enforcement stretches the intent during any encounter where someone complains about flyers with cameras.
 

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ghaynes

Member
On June 14, 2013 Texas Gov. Rick Perry signed into law Texas HB 912 which restricts the use of UAV's in Texas. While some commentators have said that the bill will be tough to enforce proving the difference between general capturing of images versus the language in the bill of 'surveillance' the cost to defend an action will be expensive for the first few folks that run afoul of the law. In addition to criminal penalties there are also civil penalties and the civil side can be initiated by any person who thinks that the operator has broken this Texas law.

The law takes affect on September 1, 2013.
 

Mactadpole

Mactadpole

Member
Me - "Really officer, I can't take pictures from my toy helicopter in Texas? Ok, I'm just a grad student at the university and had the idea I might try to use it as part of my research outside the country."

Hopefully that will get me off the hook. Most of the police officers who have seen me flying are real friendly and just ask a bunch of harmless questions.

**** Perry needs to go away.
 

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Unfaix

Member
Mactadpole said:
Me - "Really officer, I can't take pictures from my toy helicopter in Texas? Ok, I'm just a grad student at the university and had the idea I might try to use it as part of my research outside the country."

Hopefully that will get me off the hook. Most of the police officers who have seen me flying are real friendly and just ask a bunch of harmless questions.

**** Perry needs to go away.
Click to expand...

I would think that people who voted needs to go away. Lol

Sent from my SGH-M919 using Tapatalk 2
 

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Tim Green

Member
Dewster said:
This sounds like a loosely written law meant to keep law enforcement from using drones without warrant. It can also get flyers in a bind if law enforcement stretches the intent during any encounter where someone complains about flyers with cameras.
Click to expand...

Wasn't it created in response to some rich rancher (that's landowner, to those who don't speak Texan) getting sued for polluting a river, where the evidence was someone's drone video of the perps dumping pollutants into the river.
 

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ghaynes

Member
Tim I think that was the original part. Many states have been 'encouraged' to limit photo evidence and the farm/ranch lobby has been most vocal. There was a proposed law a couple of years ago in the midwest which would have made taking photos of a farm from a public road against the law. It eventually died. It was in response to undercover film of alleged animal abuse.
 

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Dewster

Member
Fear is a big seller in the U.S. If you don't want something then all you have to do is tell people why they should be afraid. Law passed.

I think a judge has to decide of there is merit for a law suit.

Is a remote controlled plane/helicopter with a camera and no automated flight systems considered a drone? Seems like putting a camera on anything is considered as such. What about kite photography? Lol.
 

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ghaynes

Member
It specifies 'unmanned aircraft' and they have a definition in Texas state statute for what an aircraft is. Similar to the FAA definition.

Texas Code § 24.001. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a device that is invented, used, or designated for air navigation or flight, other than a parachute or other device used primarily as safety equipment.

Nothing in the law about flight controls. Pretty simple really. Unmanned device used for flight other than a parachute. (paraphrased)
 

CrashMaster

CrashMaster

Member
Her in the UK it is legal and is legislated already governed by the CAA and the BMFA.

However, I had a neighbour accusing me of being a 'Nonce' for filming another neighbour's children from my 'Spy Drone'... He became quite aggressive and threatened to come round and smash my machine and me then said he would shoot it from the sky with his air gun.... I pointed our that these threats were illegal and not what I do with my quad or hex.

1. Threats to cause Criminal Damage under the Criminal Damage Act 1971
2. Threat of assault under Offences Against the Person Act 1861
3. Endangering an Aircraft under the Aviation Security Act 1982
3 Shooting an air gun beyond the boundary of a property Firearms Act 1968.

I further pointed out that his assertion that I was a 'Nonce' said a whole lot more about him than it did me yet he is happy to call the police because he has decided I am a Nonce...... I am still waiting for the police.... may be he had a think about what he had done and done a little searching on the internet and found that he could get upto 25 years in prison for his 10 minute ran at me.

I think that you should may be take the same stand in Texas... this legislation would say a lot more about the grubby minds of those wanting it than that of those who don't. Besides, have any of them seen an image from a GoPro at 150 feet... maybe you should show them.
 

Mactadpole

Mactadpole

Member
CrashMaster said:
Her in the UK it is legal and is legislated already governed by the CAA and the BMFA.

However, I had a neighbour accusing me of being a 'Nonce' for filming another neighbour's children from my 'Spy Drone'... He became quite aggressive and threatened to come round and smash my machine and me then said he would shoot it from the sky with his air gun.... I pointed our that these threats were illegal and not what I do with my quad or hex.

1. Threats to cause Criminal Damage under the Criminal Damage Act 1971
2. Threat of assault under Offences Against the Person Act 1861
3. Endangering an Aircraft under the Aviation Security Act 1982
3 Shooting an air gun beyond the boundary of a property Firearms Act 1968.

I further pointed out that his assertion that I was a 'Nonce' said a whole lot more about him than it did me yet he is happy to call the police because he has decided I am a Nonce...... I am still waiting for the police.... may be he had a think about what he had done and done a little searching on the internet and found that he could get upto 25 years in prison for his 10 minute ran at me.

I think that you should may be take the same stand in Texas... this legislation would say a lot more about the grubby minds of those wanting it than that of those who don't. Besides, have any of them seen an image from a GoPro at 150 feet... maybe you should show them.
Click to expand...

Great suggestion. But pointless in Texas. Oil, Gas, and Ranching run/rule this state. Also, we are number one in executions in the US if that says anything about politics here. Not to mention there is a huge push by many citizens to sucede from the Union (US) and become its own country. Crazy. Like I said in a previous post it was a waste of time to even call and voice my opposition. I guess at least I can say I did.

I'll say it again, "Love the state but hate the super hardline radical right-wing politics/politicians."
 

CrashMaster

CrashMaster

Member
Sounds like a great place to live if you are related to Attila the Hun, very rich or even a little crazy. Here in the UK we do envy your wide open spaces and weather but if the politics are that bad and as easily bought it must be even worse than it is here.....
 


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