Tex. Penal Code § 38.115
This is the official text of Tex. Penal Code § 38.115, part of Texas’s Penal Code — defines crimes and punishments in Texas.
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§ 38.115. OPERATION OF UNMANNED AIRCRAFT OVER CORRECTIONAL FACILITY OR DETENTION FACILITY.
Official statutory text
(a) In this section:
(1) "Contraband" means any item not provided by or authorized by the operator of a correctional facility or detention facility.
(2) "Correctional facility" means:
(A) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.
(3) "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.
(b) A person commits an offense if the person intentionally or knowingly:
(1) operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;
(2) allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or
(3) allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
(c) This section does not apply to conduct described by Subsection (b) that is committed by:
(1) the federal government, this state, or a governmental entity;
(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;
(3) a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;
(4) a law enforcement agency; or
(5) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.
(d) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously been convicted under this section; or
(2) a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:
(A) provide contraband to a person in the custody of the correctional facility or detention facility; or
(B) otherwise introduce contraband into the correctional facility or detention facility.
(1) "Contraband" means any item not provided by or authorized by the operator of a correctional facility or detention facility.
(2) "Correctional facility" means:
(A) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.
(3) "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.
(b) A person commits an offense if the person intentionally or knowingly:
(1) operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;
(2) allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or
(3) allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
(c) This section does not apply to conduct described by Subsection (b) that is committed by:
(1) the federal government, this state, or a governmental entity;
(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;
(3) a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;
(4) a law enforcement agency; or
(5) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.
(d) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously been convicted under this section; or
(2) a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:
(A) provide contraband to a person in the custody of the correctional facility or detention facility; or
(B) otherwise introduce contraband into the correctional facility or detention facility.
Status: in_force · Read it on the official government site
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