Texas Drone Laws

Defines 'image' for purposes of Chapter 423 to include any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in Texas or an individual on that property.

Establishes approximately 25 lawful uses of drones including professional or scholarly research, utility operations, real estate marketing with consent, pipeline inspection, law enforcement under warrant, insurance underwriting, environmental assessment, and border security within 25 miles of US-Mexico border. When a flight fits a § 423.002 carve-out, surveillance prohibitions in § 423.003 do not apply.

Makes it a Class C misdemeanor to use a drone to capture an image of an individual or privately owned real property with the intent to conduct surveillance. The law applies unless the flight fits one of the lawful-use exceptions in § 423.002. Upheld as constitutional by the Fifth Circuit in National Press Photographers Ass'n v. McCraw, 90 F.4th 770 (5th Cir. 2023).

Makes it a Class C misdemeanor to possess an image captured in violation of § 423.003, and a Class B misdemeanor to display, distribute, or use such an image. Civil liability also applies under § 423.006.

Provides civil cause of action for damages. Property owner may recover $5,000 for each image captured in violation of § 423.003, or $10,000 for each image disclosed or distributed, plus actual damages and attorney's fees.

Prohibits operating a drone below 400 feet AGL over critical-infrastructure facilities or allowing a drone to make contact with such a facility. Critical infrastructure includes petroleum refineries, chemical plants, electric power generating stations and substations, water treatment facilities, natural-gas compressor stations, pipelines, telecommunications facilities, and certain animal-feeding operations. Applies unless flight fits § 423.002 lawful-use carve-out.

Makes it a Class B misdemeanor to operate a drone below 400 feet AGL over a sports venue defined as any arena, automobile racetrack, coliseum, stadium, or similar facility with a seating capacity of 30,000 or more. Includes AT&T Stadium, NRG Stadium, Globe Life Field, Kyle Field, Darrell K Royal-Texas Memorial Stadium, and similar venues. Runs in parallel with federal TFR under 14 CFR § 99.7.

Makes it a Class B misdemeanor to operate a drone below 400 feet AGL over a correctional facility, detention facility, or critical-infrastructure facility. Repeat offense within one year is a Class A misdemeanor. Contraband delivery is a common violation driver and adds felony exposure under Penal Code § 38.11.

Makes it a state-jail felony to equip or arm a drone with a weapon or to use a drone to fire a weapon.

Sharply limits local government authority to regulate drones. Political subdivisions (cities, counties) cannot regulate drone airspace or operations except during special events, on their own property, or with specific FAA authorization following public hearing. Most local-level restrictions are void and unenforceable.

Makes it a state-jail felony to record, photograph, or broadcast a visual image of another person's intimate areas without consent. Applies to drone-captured images.

Prohibits hunting any wild bird or wild animal from an aircraft or airborne device. Texas Parks & Wildlife has interpreted 'aircraft' to include drones. Unlawful to use a drone to hunt, drive, capture, take, count, or photograph wildlife. Exception exists for feral hog location at night for lethal control. No blanket exception for post-harvest deer recovery.

Texas Parks & Wildlife Department regulation requiring prior written authorization from TPWD or park superintendent to launch, land, or operate a drone within state park boundaries. Default is no unless written permission obtained. Only Martin Dies Jr. State Park, San Angelo State Park, and Lake Whitney State Park have designated RC aircraft zones. Applies to 80+ Texas state parks.

Repeated drone surveillance that would reasonably be expected to annoy, alarm, or torment can constitute harassment under this statute, adding criminal exposure to other drone violations.

Makes it a Class A misdemeanor to disclose or promote intimate visual material (including drone-captured images) without consent.

Provides civil remedy for disclosure of intimate visual material captured by any means, including drones.

Signed into law June 20, 2025. Creates new criminal offense for operating a drone below 400 feet AGL over a spaceport. Adds spaceport to list of critical facilities where drone operations are restricted.

Signed into law June 20, 2025. Requires certain law enforcement agencies to report their use or operation of unmanned aircraft to the public. Effective immediately upon signature.

Parks and Recreation Drone Rules

Prohibits drone takeoff and landing from Houston city parks without Parks & Recreation Department permit.

Film Permit and Special Events Drone Rules

Commercial drone operations on Dallas city property require permit from Office of Special Events or Dallas Film Commission.

Film Commission Permit and Capitol Complex Restriction

Commercial filming on city property requires Austin Film Commission permit. Texas Capitol Complex is designated drone-restricted area by state security order.

Parks and Recreation Drone Rules

Prohibits drone launch and landing in city parks without Parks & Recreation permit. River Walk is city-owned and subject to restrictions.

Parks and Recreation Drone Rules

Fort Worth Parks and Recreation Department restricts drone operation in city parks without authorization.

Harris County Parks Drone Restrictions

Harris County parks prohibit drone operations except in three designated areas and under specific conditions.