Texas Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
Texas has developed a comprehensive body of drone legislation that balances privacy protections with commercial operator freedoms. The Texas Privacy Act (Government Code Chapter 423) is among the most detailed state-level drone privacy laws in the nation, with specific provisions for surveillance, image capture, and data retention. While commercial operations under Part 107 are generally unrestricted, the state imposes significant penalties for privacy violations and has specific rules about critical infrastructure overflights. Texas preempts most local regulations but allows municipalities to restrict drone operations on their own property.
State Drone Laws
Tex. Gov't Code § 423.003Texas Privacy Act — Illegal Use of Unmanned Aircraft
Makes it illegal to use a drone to capture an image of an individual or privately owned real property with the intent to conduct surveillance. Contains 21 specific exceptions including law enforcement operations with a warrant, scholarly research, oil pipeline/utility inspection, real estate photography, aerial mapping, and operations by licensed real estate brokers.
Tex. Gov't Code § 423.0045Criminal Offense — Operation Near Critical Infrastructure
Prohibits operating a drone over, under, or within 400 feet of a critical infrastructure facility below 400 feet altitude. Critical infrastructure includes electrical generation and transmission facilities, petroleum refineries, chemical manufacturing plants, water treatment facilities, telecommunications central switching offices, and natural gas compressor stations.
Tex. Gov't Code § 423.0046Critical Infrastructure — Correctional and Detention Facilities
Specifically prohibits drone operations over correctional facilities, detention facilities, and critical infrastructure operated by the state or federal government. Enhanced penalties apply for attempts to deliver contraband.
Tex. Gov't Code § 423.008Local Government Preemption
Preempts municipalities and counties from regulating drone operations except on property owned or controlled by the local government. Allows local governments to adopt reasonable rules for drone take-off and landing on their property.
Tex. Gov't Code § 423.009Law Enforcement Use of Drones
Permits law enforcement use of drones only in specific circumstances: with a valid search warrant, when swift action is needed to prevent imminent danger to life, to prevent the destruction of evidence, for pursuit of a fleeing suspect, border security within 25 miles of the border, crime scene investigation and reconstruction, and search and rescue operations.
HB 1643 (88th Legislature)Commercial Drone Operations Expansion
Expanded the list of exceptions to the Texas Privacy Act for commercial drone operators. Added agricultural operations, construction site monitoring, insurance claim inspections, and environmental assessment to the permitted uses. Reduced regulatory burden on Part 107 operators conducting authorized commercial work.
Local/Municipal Ordinances
Austin
cityCity of Austin Parks Drone Policy
Austin Parks and Recreation Department restricts drone operations in city parks. Recreational flights permitted in designated areas only. Commercial operations require a film permit from the Austin Film Commission.
Restrictions
No flights in Zilker Park during Austin City Limits Festival or other major events. Designated flying areas at Emma Long Metropolitan Park and Walter E. Long Park.
Houston
cityHouston Parks Drone Operations
The Houston Parks and Recreation Department requires advance notification for commercial drone operations in city parks. Recreational flights are permitted in open areas away from gatherings.
Restrictions
No drone operations within 500 feet of any Houston Parks event without written authorization. Hermann Park and Discovery Green are no-fly zones for all drones.
Dallas
cityDallas Parks and Recreation UAS Policy
Dallas permits recreational drone flights in certain city parks during off-peak hours. Commercial operators must obtain a Special Events Permit and provide proof of insurance ($1M minimum liability).
Restrictions
No drone flights within 1 mile of Dallas Love Field (beyond FAA requirements). White Rock Lake Park requires advance reservation for drone operations.
San Antonio
citySan Antonio Drone Ordinance
San Antonio restricts drone operations in areas of special concern including the River Walk, the Alamo, and all properties managed by the San Antonio River Authority.
Restrictions
No drones over the River Walk at any time. Commercial operators must carry $2M liability insurance for operations on city property.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Illegal surveillance by drone (§ 423.003) | Class C Misdemeanor | Up to $500 | None | Local Law Enforcement | Civil cause of action also available to victims ($5,000 per image + attorney fees) |
| Distribution of illegally captured images (§ 423.004) | Class B Misdemeanor | Up to $2,000 | Up to 180 days | Local Law Enforcement / DA | Each image distributed is a separate offense |
| Flying near critical infrastructure (§ 423.0045) | Class B Misdemeanor | Up to $2,000 | Up to 180 days | Texas DPS / Local Law Enforcement | Elevated to Class A misdemeanor if drone is weaponized |
| Contraband delivery to correctional facility (§ 423.0046) | State Jail Felony | Up to $10,000 | 180 days to 2 years | TDCJ / Texas DPS | Additional federal charges possible |
| Interference with manned aircraft | State Jail Felony | Up to $10,000 | 180 days to 2 years | FAA / Texas DPS | Also a federal felony under 18 U.S.C. § 32 |
Illegal surveillance by drone (§ 423.003)
Civil cause of action also available to victims ($5,000 per image + attorney fees)
Distribution of illegally captured images (§ 423.004)
Each image distributed is a separate offense
Flying near critical infrastructure (§ 423.0045)
Elevated to Class A misdemeanor if drone is weaponized
Contraband delivery to correctional facility (§ 423.0046)
Additional federal charges possible
Interference with manned aircraft
Also a federal felony under 18 U.S.C. § 32
Registration Requirements
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
Texas does not require state-level drone registration. Federal FAA registration is required for all drones weighing between 0.55 lbs and 55 lbs. Texas law defers to federal registration requirements.
No state drone permit required. Commercial operators must hold a valid FAA Part 107 Remote Pilot Certificate. Some local jurisdictions require permits for commercial operations on city/county property.
No statewide insurance mandate. Several major cities (Dallas, San Antonio, Houston) require proof of liability insurance for commercial operations on city property. Industry standard is $1M general liability.
Applicable Federal Regulations
Remote ID Compliance
Standard Remote ID requirement in full effect
All drones operating in Texas must comply with FAA Remote ID requirements effective March 16, 2024. Texas has multiple FAA-Recognized Identification Areas (FRIAs) at AMA-chartered flying fields.
Border Security Operations
Enhanced FAA coordination required within 25 miles of Mexico border
Drone operations within 25 miles of the Texas-Mexico border may be subject to additional restrictions due to Customs and Border Protection (CBP) operations. TFRs are common along the border. Texas state law specifically authorizes drone use for border security operations.
Military Airspace
Significant military training areas and restricted airspace
Texas hosts several major military installations including Fort Cavazos, Joint Base San Antonio (Lackland/Randolph/Fort Sam Houston), and Fort Bliss. Large portions of west and central Texas are within Military Operations Areas (MOAs). Operators should consult sectional charts and NOTAMS.
NASA Operations
Permanent flight restrictions near Johnson Space Center
The Johnson Space Center in Houston is surrounded by permanent flight restrictions. Additional TFRs are issued during significant NASA operations. Drone operators must maintain awareness of these restrictions when operating in the Clear Lake area.
For complete federal regulations, see our Federal Regulations page.
Airspace & LAANC
LAANC Coverage
Texas has extensive LAANC coverage at major airports across the state, including DFW, IAH, HOU, AUS, SAT, DAL, ELP, and many regional airports.
Major Airports
DFW — Dallas/Fort Worth International AirportIAH — George Bush Intercontinental AirportHOU — William P. Hobby AirportAUS — Austin-Bergstrom International AirportSAT — San Antonio International AirportDAL — Dallas Love FieldELP — El Paso International Airport
TFR Notice
Texas has frequent TFRs around military installations (Fort Cavazos, Joint Base San Antonio, Fort Bliss), the Johnson Space Center, and during major events at AT&T Stadium, NRG Stadium, and the State Fair of Texas. Always check NOTAMs before flying.
Recent Enforcement Actions & News
FAA Civil Penalty for Unauthorized Commercial Operations Near DFW Airport
enforcementThe FAA assessed a $14,500 civil penalty against a Dallas-based drone operator for conducting unauthorized commercial operations within 5 miles of DFW International Airport without LAANC authorization. The operator was also flying without a valid Part 107 certificate.
Texas Legislature Considers Drone Delivery Expansion Bill
legislationHB 3456 would create a statewide framework for commercial drone delivery operations, including designated delivery corridors, noise standards, and privacy protections. The bill has bipartisan support and is backed by several major retailers.
Houston Operator Charged Under State Drone Privacy Act
enforcementA Houston man was charged with violation of Texas Government Code § 423.003 after using a drone to conduct surveillance of a neighbor's backyard over a period of several weeks. This is one of the first prosecutions under the state's drone privacy law.
Pending Legislation
HB 3456In Committee — House Transportation CommitteeTexas Drone Delivery Act
Would create a comprehensive framework for commercial drone delivery operations in Texas, including designated delivery corridors, noise mitigation standards, privacy protections, and local government coordination requirements.
Last action: March 10, 2026
SB 891Passed Senate — Referred to House Homeland Security CommitteeCritical Infrastructure Drone Protection Enhancement
Would expand the definition of critical infrastructure to include data centers, electrical substations, and water reservoirs. Increases penalties for repeat offenders and authorizes counter-drone technology at critical infrastructure sites.
Last action: February 28, 2026
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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