Texas Chapter 423

[jimc218]

Anyone on this board a Texas Attorney or someone who understands Sec 423.003?

 

[iaincaradoc]

I'm *not* an attorney, nor do I live in Texas, but as I recall that particular statute came into being to cover prosecuting the animal rights folks who were spying on ranches and farms to get images of animal abuse.

I could be very, very wrong.

GOVERNMENT CODE CHAPTER 423. USE OF UNMANNED AIRCRAFT

Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of 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.
(b) An offense under this section is a Class C misdemeanor.
(c) It is a defense to prosecution under this section that the person destroyed the image:
(1) as soon as the person had knowledge that the image was captured in violation of this section; and
(2) without disclosing, displaying, or distributing the image to a third party.
(d) In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.

 

[Lionfish]

Are you real sure about not being an attorney ? , that’s an impressive amount of info from a non-attorney I’d say .

 

[Dale D]

Are you real sure about not being an attorney ? , that’s an impressive amount of info from a non-attorney I’d say .

Disagree-
I just Googled this term. "Texas government code chapter 423," and got 16,400 million hits- here is a screen grab.

 

[MrMagus]

I did find out that if you are flying to inventory game (commercial deer hunting operation) you need a permit from the State. Otherwise, I would avoid flying over anyone's property without permission.

 

[buzz96]

I think it was at least partially to assuage everyday folks (no livestock involved) who were concerned that drones were spying on them in their back yards. You know, the kind of pilots who ruin the hobby for the rest of us.

 

[45er]

I just received an email from my brother who also recreationally flies his drone around his house. He lives on a golf course that has recently been bought by a multi-millionaire who is renovating the course. As he was just flying around showing a friend how his drone flies, the owner drove up and started a tirade. Threatened lawsuits and saying he would take out a restraining order against my brother. Really??!! Aside from this person probably having something to hide, does he have a legal ground to stand on in Texas. The guy claimed that it was against the law to fly over private property with a drone. 98% of Texas is "private property", so the question seems relevant. I could understand the problem of taking photographs of someone's property and distributing them, but just to fly over it is illegal? Doesn't make sense to me.

 

[Lionfish]

Well that sucks big time !!.
I thought land owners rich or poor don’t own the air space above their property , that’s how it is in Canada , so possibly different in Texas ??.

 

[buzz96]

I just received an email from my brother who also recreationally flies his drone around his house. He lives on a golf course that has recently been bought by a multi-millionaire who is renovating the course. As he was just flying around showing a friend how his drone flies, the owner drove up and started a tirade. Threatened lawsuits and saying he would take out a restraining order against my brother. Really??!! Aside from this person probably having something to hide, does he have a legal ground to stand on in Texas. The guy claimed that it was against the law to fly over private property with a drone. 98% of Texas is "private property", so the question seems relevant. I could understand the problem of taking photographs of someone's property and distributing them, but just to fly over it is illegal? Doesn't make sense to me.

As best I can tell - and I'm not a lawyer - the restriction is against photos and video, not the actual flying. But there may indeed be a restriction against it elsewhere. Fortunately, I haven't had to deal with anyone complaining about my flying (here in Texas).

 

[Lionfish]

Are you real sure about not being an attorney ? , that’s an impressive amount of info from a non-attorney I’d say .

I'm *not* an attorney, nor do I live in Texas, but as I recall that particular statute came into being to cover prosecuting the animal rights folks who were spying on ranches and farms to get images of animal abuse.

I could be very, very wrong.

GOVERNMENT CODE CHAPTER 423. USE OF UNMANNED AIRCRAFT

Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of 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.
(b) An offense under this section is a Class C misdemeanor.
(c) It is a defense to prosecution under this section that the person destroyed the image:
(1) as soon as the person had knowledge that the image was captured in violation of this section; and
(2) without disclosing, displaying, or distributing the image to a third party.
(d) In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.

Sorry I was just messing with your propellers!!

 

[iaincaradoc]

Sorry I was just messing with your propellers!!

No worries. Dad was an attorney. I spent most of our "Take Your Kid To Work Days" in a courtroom...

 

[Lionfish]

No worries. Dad was an attorney. I spent most of our "Take Your Kid To Work Days" in a courtroom...
[Thats interesting, back in my days as a kid we didn’t have the take your kid to work days .
My Dad was a chemical engineer, so it was probably a good thing I didn’t get into his laboratory. !!.

 

[iaincaradoc]

back in my days as a kid we didn’t have the take your kid to work days

You're not *that* much older than I am. Probably a regional thing. Maybe.

 

[Lionfish]

You're not *that* much older than I am. Probably a regional thing. Maybe.

That was back in Scotland , where everyone was too interested in chasing sheep and drinking whiskey .
Maybe I got that the wrong way around ,
Whiskey first then comes the sheep thing ! .
Oh not forgetting the haggis hunting .

 

[iaincaradoc]

That'd make sense. Regional, indeed.

We got married in St. Margaret's Chapel, Edinburgh Castle. On Halloween, no less. Then drove around the country for a couple of weeks without my relatives... Edinburgh, Dumfries, Glasgow, side trip to Stirling by train from Glasgow, Oban on Bonfire Night, Inverness, St. Andrews, and back to Glasgow to return the rental car and fly home again.

I do get some odd looks when I tell people trousers are overrated, and that I didn't even wear trousers to my own wedding, though.

 

[Lionfish]

What made you pick the “land of the brave” to get hitched ?
I love Edinburgh , and I’m from the west coast ,so I should really be attached to Glasgow .
Just the city ,all the history everywhere and the lack of super high office blocks that often make a city centre .
The castle right there looking over the park etc .
Not forgetting the Tattoo each year and the art festival right on the streets on a beautiful day , it’s hard to beat !.
I was born in Kilmarnock Ayrshire to the west of Glasgow .
The only claim to fame was the Birthplace of the famous Jonnie Walker whiskey , and a unlucky , lacklustre soccer team .
Oban and Inverness are also great favourite places of mine .
Looks like you saw a lot on your honeymoon and I hope Scotland’s big drawback it rains 367 days a year !!.
There’s no better place to be in the sunshine .

I should probably add Alberta has it’s fair share beauty if you can see through the trees !!..
I’m sure Scottsdale and Texas have some awesome country , though the heat may kill us pasty faced Albertans .