Drone Laws in Texas

Last updated on March 30th, 2023 at 02:01 pm

Agencies Responsible for regulating drones in Texas

Federal Aviation Administration

FAA Drone Website: https://www.faa.gov/uas/

Texas State Laws – Use of Unmanned Aircraft Bill of State of Texas

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UAS Laws – General rules for flying drones in TX

Drone operation in Texas is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws.

In addition, the Texas State legislature has enacted several supplemental rules specific to Texas drone operations. The highlights are enumerated below. For more details, go to the links above and search for unmanned aircraft.

NEWSWORTHY NOTE: You may have seen in recent news coverage that the “FAA bans drones in Texas.” This refers to a specific temporary ban of drones over the Del Rio border crossing and a camp of immigrants. From time to time, the FAA will place temporary bans on areas for security or other reasons. These temporary notices are always published in clearance maps and NOTAMs. Every drone flyer should know how to check the airspace using B4UFLY or similar apps. You should also be aware that even when the area is restricted by the FAA, an application can be made for an exemption allowing you to fly. In this particular instance, the Fox News organization requested and was granted permission by the FAA.

Are drones allowed in Texas?

Drones are allowed in Texas for recreational and commercial use, subject to FAA regulations and flight controls put in place by local governments. Read on for details.

Specific additional drone use laws by the Texas State legislature

Texas Government Code Chapter 423

NOTE: This law has recently been ruled unconstitutional and unenforcable. We suggest you contact the local regulators and proceed with caution!

The act broadly permits the use of unmanned aircraft (unmanned aerial systems (UAS), unmanned aerial vehicles (UAV), drones). However,

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.

It is also an offense to operate unmanned aircraft over a critical infrastructure facility.

(A) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, is reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i) a petroleum or alumina refinery;

(ii) an electrical power generating facility, substation, switching station, or electrical control center;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office or any structure used as part of a system to provide wired or wireless telecommunications services;

(viii) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(ix) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x) a transmission facility used by a federally licensed radio or television station;

(xi) a steelmaking facility that uses an electric arc furnace to make steel; or

(xii) a dam that is classified as a high hazard by the Texas Commission on Environmental Quality; or

(xiii) a concentrated animal feeding operation, as defined by Section 26.048, Water Code; or

(B) if enclosed by a fence or other physical barrier obviously designed to exclude intruders:

(i) any portion of an aboveground oil, gas, or chemical pipeline;
(ii) an oil or gas drilling site;
(iii) a group of tanks used to store crude oil, such as a tank battery;
(iv) an oil, gas, or chemical production facility;
(v) an oil or gas wellhead; or
(vi) any oil and gas facility that has an active flare

(2) “Dam” means any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water.

(b) A person commits an offense if the person intentionally or knowingly:

(1) operates an unmanned aircraft over a critical infrastructure facility and the unmanned aircraft is not higher than 400 feet above ground level;

(2) allows an unmanned aircraft to make contact with a critical infrastructure 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 critical infrastructure 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, the state, or a governmental entity;

(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, the state, or a governmental entity;

(3) a law enforcement agency;

(4) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;

(5) an owner or operator of the critical infrastructure facility;

(6) a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the critical infrastructure facility;

(7) a person who has the prior written consent of the owner or operator of the critical infrastructure facility;

(8) the owner or occupant of the property on which the critical infrastructure facility is located or a person who has the prior written consent of the owner or occupant of that property; or

(9) an operator of an unmanned aircraft that is being used for a commercial purpose, if the operation is conducted in compliance with:

(A) each applicable Federal Aviation Administration rule, restriction, or exemption; and

(B) all required Federal Aviation Administration authorizations

Specific additional UAV laws by local governments within Texas

Harris County Park Drone Regulation (Includes Metropolitan Houston)

Harris County Park Rules Sec. 24 allows drone and model aircraft activities only in specified designated areas. This policy exists to maintain visitor safety.

Harris County parks with designated model R/C and drone areas include:

• George Bush Park (Precinct 3 – Houston, TX)
• Dyess Park (Precinct 4 – Cypress, TX)
• Schiveley R/C Flying Field (Houston, TX)

Lake Houston Wilderness area: Recreation drone flying is not permitted under any circumstances, or in fact, by City of Houston statute, at any City of Houston park.
Sheldon Lake Reservoir state park: clearance for recreational drone flight in the park is not given to anyone. Only drone flights permitted are by Law enforcement or Emergency personnel
Lake Livingston State Park: Recreational drone flights are not permitted due to the proximity of the park to the Lake Livingston Dam infrastructure.

UAS in State Parks

Texas Parks & Wildlife Policy

This policy stipulates that only two state parks allow drone operations without a permit, i.e., San Angelo State Park and Martin Dies, Jr. Those who want to fly and or film with drones and remote-controlled aircraft in other state parks must apply for a filming permit from the park’s authorities. It’s advisable to request permission several weeks in advance.

Please check with Texas Parks and Wildlife Department for the latest regulations.

What you must know about Texas No Fly Zones or No Drone Zones

You need to know if you can operate your drone, under what limitations, whether authorizations are required, and how to get those authorizations.

We encourage you to read our explainer for more details on this topic here: Explainer – What You Must Know About No Fly Zones or No Drone Zones

How do I check for no-fly zones, no-drone zones, and uncontrolled or controlled airspace in Texas?

The FAA has partnered with Aloft to develop the B4UFLY mobile app, which can tell you if there are any airspace restrictions where you want to fly.

If you are looking for a drone no fly zone map then B4UFLY is a good place to start.

The app provides situational awareness to recreational flyers and other drone users. However, it does not allow users to obtain airspace authorizations to fly in controlled airspace, only available through the FAA’s Low Altitude Authorization and Notification Capability (LAANC).

The B4UFLY app is available to download for free:

B4UFLY at the App Store for iOS: https://apps.apple.com/us/app/b4ufly-drone-airspace-safety/id992427109

B4UFLY at the Google Play store for Android: https://play.google.com/store/apps/details?id=gov.faa.b4ufly2&hl=en_US&gl=US

B4UFLY is also available as a desktop version for preflight planning and research. https://b4ufly.aloft.ai/ (“B4UFLY App | Federal Aviation Administration”)

How do I get authorization to fly in controlled airspace in Texas?

Low Altitude Authorization and Notification Capability (LAANC), which is run by the FAA, is the only way to get permission to fly in controlled airspace.

LAANC is available to pilots operating under the Small UAS Rule Part 107 or under the exception for Recreational Flyers.

You can get access through one of the FAA Approved LAANC UAS Service Suppliers. Some providers have apps that can be used to apply for approval in near-real time.

There are two ways to use LAANC:

• Submit a near real-time authorization request for operations under 400 feet in controlled airspace around airports (available to Part 107 Pilots and Recreational Flyers).
• Submit a “further coordination request” if you need to fly above the designated altitude ceiling in a UASFacility Map, up to 400 feet.
  • You can apply up to 90 days before a flight, and the approval is coordinated manually through the FAA (available to Part 107 pilots only).

LAANC is available at 726 airports. If you want to fly in controlled airspace near airports not offering LAANC, you can use the manual process to apply for authorization.

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Notes for recreational drone pilots flying for fun in Texas

If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809.

In Texas, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

Following these rules will keep you and your drone safe and help keep the airspace available to everyone.

The law requires that all recreational flyers pass an aeronautical knowledge and safety test and provide proof of passage if asked by law enforcement or FAA personnel. The Recreational UAS Safety Test (TRUST) was developed to meet this requirement. 

TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly. 

Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA‘s Drone Zone.

For a complete discussion on drone registration, see our Drone Registration Explainer.

To fly your drone as a recreational flyer, it’s as easy as 1-2-3

1. Understand recreational flying requirements
   • Note: Non-recreational drone flying includes things like taking photos to help sell a property or service, doing roof inspections, or taking pictures of a high school football game for the school’s website. Goodwill can also be considered non-recreational. This would include volunteering to use your drone to survey coastlines on behalf of a non-profit organization. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
   • Visit the Recreational Flyers page to learn about the rules for recreational flyers.
   • Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
2. Take TRUST
   • You may take the free online test through any of the FAA-approved test administrators.
   • All FAA-approved TRUST test administrators offer the test free.
   • All test questions are correctable to 100% prior to issuing your completion certificate.
   • After completing TRUST, you’ll need to download, save or print your completion certificate.
   • If you lose your certificate, you will need to retake TRUST.
   • View a list of TRUST Test Administrators
3. Receive your certificate
   • After you pass the test, you will receive a certificate from the test administrator you selected.
   • Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.

General Rules for Recreational Flyers

The Exception for Limited Recreational Operations of Unmanned Aircraft (USC 44809) is the law that describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:

1. Fly only for recreational purposes (personal enjoyment).
2. Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO).
   For more information on how to become an FAA-recognized CBO, read Advisory Circular 91-57C.
3. Keep your drone within the visual line of sight, or use a visual observer who is co-located (physically next to) and in direct communication with you.
4. Give way to and do not interfere with other aircraft.
5. Fly at or below FAA-authorized altitudes in controlled airspace (Class B, C, D, and surface Class E designated for an airport) only with prior FAA authorization by using LAANC or DroneZone.
6. Fly at or below 400 feet in Class G (uncontrolled) airspace.
   Note: Flying drones in restricted airspace is not allowed. Drone pilots should always check for airspace restrictions prior to flight on our B4UFLY app or the UAS Facility Maps webpage.
7. Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
8. Have a current FAA registration, mark (PDF) your drones on the outside with the registration number, and carry proof of registration when flying.
   Note: Beginning September 16, 2023, if your drone requires an FAA registration number, it will also be required to broadcast Remote ID information.
9. Do not operate your drone in a manner that endangers the safety of the national airspace system.

Recreational drone pilots should know that if they violate these safety requirements and/or operate their drone flight carelessly or recklessly, they could be liable for criminal and/or civil penalties.

You do not need a drone license if your drone use is recreational and falls within the scope of 44809. However, to fly your drone commercially or under the FAA’s Small UAS Rule (Part 107), you must first obtain a Remote Pilot Certificate (RPC), also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.

For more details on drone licensing, please see our Drone License Explainer.

Hobbyist rules in Parks, Recreation and Cultural Preserves

Two parks offer zones for flying remote-controlled aircraft (including drones): San Angelo and Martin Dies, Jr. You can request a filming permit for your craft at any park by contacting that park. Allow several weeks for us to review your request.

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Notes for operating Commercial Drone Services in TX

If you have a small unmanned aircraft that is less than 55 pounds, you can fly for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines.

Commercial drone operations in Texas are approved under the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

For a complete review of the FAA Part 107 regulation please see our comprehensive FAA 107 Explainer.

Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.

If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. To fly under Part 107 rules, there are three main steps.

Step 1: Learn the Rules

Ensure you understand what is and is not allowed under Part 107 rules.

• 14 CFR Part 107 Small Unmanned Aircraft Systems

If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.

Some operations will require a waiver. Here are the regulations specified in §107.205 that are subject to waiver:

• Operation from a moving vehicle or aircraft – §107.25
• Operation at Night – §107.29(a)(2) and (b)
• Visual line of sight aircraft operation – §107.31
• Visual observer – §107.33
• Operation of multiple small unmanned aircraft systems – §107.35
• Yielding the right of way – §107.37(a)
• Operation over human beings – §107.39
• Operation in certain airspace – §107.41
• Operating limitations for small unmanned aircraft – §107.51
• Operations Over Moving Vehicles – §107.145

Learn more about Part 107 Waivers.

Drone operators should avoid flying near airports because it is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft and are responsible for any safety hazard their drone creates in an airport environment.

Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

For more details on drone licensing, please see our Drone License Explainer.

To be eligible to get your Remote Pilot Certificate, you must be:

• At least 16 years old
• Able to read, write, speak, and understand English
• Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test

• Review Knowledge Test Suggested Study Materials provided by the FAA.

Obtain an FAA Tracking Number (FTN)

• Create an Integrated Airman Certification and Rating Application (IACRA) profile before registering for the knowledge test.

Schedule an Appointment

• Take the Knowledge Test at an FAA-approved Knowledge Testing Center.

Complete FAA Form 8710-13

• Once you’ve passed your test for a remote pilot certificate (FAA Airman Certificate and/or Rating Application), log in to the FAA Integrated Airman Certificate and/or Rating Application system (IACRA)* to complete FAA form 8710-13.
• Review the entire process to get your Remote Pilot Certificate.

Step 3: Register your Drone with the FAA

For a complete discussion on drone registration, see our Drone Registration Explainer.

Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy in order to register. Learn more about registering your drone.

• Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
• Once you’ve registered, mark your drone (PDF) with your registration number in case it gets lost or stolen.

Commercial rules in Parks, Recreation and Cultural reserves

Two parks offer zones for flying remote-controlled aircraft (including drones): San Angelo and Martin Dies, Jr. You can request a filming permit for your craft at any park by contacting that park. Allow several weeks for us to review your request.

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Useful published information on flying drones in Texas

We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to Texas Drone Users also. Please visit the site for additional information: Know Before You Fly

Association for Unmanned Vehicle Systems International – Mostly for commercial drone service providers and users.

Academy of Model Aeronautics – Mostly for hobbyists

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NOTE: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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Traveling with a Drone?

Click here to read our Comprehensive Guide For Traveling With A Drone.

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