Texas Drone Laws

Makes it a Class C misdemeanor to use a drone to capture an image of an individual or privately owned real property with intent to conduct surveillance. Destroying the image without disclosure upon realizing the violation is a defense.

Makes it a criminal offense to possess, display, distribute, or use an image captured in violation of § 423.003. Possession alone is a Class C misdemeanor; disclosure, distribution, or use is a Class B misdemeanor.

Prohibits operating a drone at less than 400 feet AGL over critical-infrastructure facilities including 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. Repeat offenses within one year are upgraded to Class A misdemeanor.

Prohibits operating a drone at less than 400 feet AGL over a sports venue — any arena, automobile racetrack, coliseum, stadium, or similar facility with seating capacity of 30,000 or more — without authorization. Applies in parallel with federal TFR under 14 CFR § 99.7 for MLB, NFL, NCAA Division I football, and major motor sports events.

Prohibits operating a drone at less than 400 feet AGL over a correctional facility, detention facility, or critical-infrastructure facility. Contraband delivery into TDCJ units adds felony exposure under Penal Code § 38.11. Repeat offenses within one year are upgraded to Class A misdemeanor.

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

Lists approximately 25 enumerated lawful uses for drone image capture that are exempt from § 423.003 surveillance restrictions. Includes: professional or scholarly research, FAA test sites, military operations, satellite mapping, electric/gas utility operations, real estate marketing (with owner consent), insurance underwriting, pipeline safety and rupture response, law enforcement operations under warrant or exigent circumstances, border security operations within 25 miles of US-Mexico border, agricultural surveying, operations at public events, and licensed real estate broker marketing.

Preempts political subdivisions (cities and counties) from adopting or enforcing ordinances regulating drone operation, except that they may regulate: (1) drone use during special events, (2) the political subdivision's own use of drones, or (3) drone use near facilities or infrastructure owned by the political subdivision (only if the subdivision has received FAA authorization and held a public hearing).

Prohibits recording, photographing, or broadcasting a visual image of another person's intimate areas without consent. Applies to any recording device, including drones.

Prohibits disclosing or promoting intimate visual material captured without consent. Applies to images captured by drones.

Prohibits hunting any wild bird or wild animal from an aircraft or airborne device. TPWD interprets 'aircraft' to include drones. Prohibits using a drone to hunt, drive, capture, take, count, or photograph wildlife. Exception: feral hog location at night for lethal control and official Aerial Management Permit holders with Land Owner Authorization.

Texas Parks & Wildlife Department regulation requiring prior written authorization from TPWD or the park superintendent to launch, land, or operate a drone within state park boundaries. Only Martin Dies Jr. State Park, San Angelo State Park, and Lake Whitney State Park have designated zones for remote-controlled aircraft without permit.

Prohibits the use of drones to hunt, drive, capture, take, count, or photograph any wildlife or exotic animals except with an official Aerial Management Permit (AMP) and written Land Owner Authorization (LOA). Enforced by TPWD game wardens.

SB 840 permits telecommunications providers to use UAS to capture images. Permits law enforcement to use UAS to capture images of real property within 25 miles of the US border for border security purposes. Permits insurance companies to capture images with owner authorization.

HB 2167 permits individuals in certain professions (real estate, insurance, utilities, surveying, etc.) to capture images using UAS for professional purposes as long as no individual is identifiable in the image.

Property owners may recover civil damages for violations of §§ 423.003 and 423.004. Penalties include $5,000 per captured image and $10,000 per distributed image, plus actual damages and attorney's fees.

Senate Bill 1197 (signed 2025-05-19) creates a criminal offense for operating an unmanned aircraft over a spaceport without authorization.

Senate Bill 2569 (signed 2025-06-20, effective immediately) establishes reporting requirements for certain law enforcement agencies regarding their use or operation of unmanned aircraft.

Houston Parks and Recreation Department Drone Policy

Prohibits drone takeoff and landing in City of Houston parks without a Parks & Recreation Department permit. Commercial filming requires a permit from the Mayor's Office of Special Events.

Harris County Parks Drone Policy

Harris County prohibits drone or model aircraft operation in precinct parks except in specifically designated areas.

Dallas Film Commission and Parks Drone Policy

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

Austin Film Commission and Capitol Complex Drone Restrictions

Austin Film Commission operates an active drone-permit process for commercial filming on city property. Texas Capitol Complex is a state-level drone-restricted area requiring Department of Public Safety authorization.

San Antonio Parks and River Walk Drone Policy

San Antonio prohibits drone launch and landing in city parks without a Parks & Recreation permit. The River Walk is city-owned and subject to park rules.

Fort Worth Parks and Recreation Drone Policy

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