Political subdivisions generally may not adopt or enforce local rules about unmanned aircraft, except for certain special-event, government-use, or nearby-facility situations.
Sec. 423.009. REGULATION OF UNMANNED AIRCRAFT BY POLITICAL SUBDIVISION. (a) In this section: (1) "Political subdivision" includes a county, a joint board created under Section 22.074, Transportation Code, and a municipality. (2) "Special event" means a festival, celebration, or other gathering that: (A) involves: (i) the reservation and temporary use of all or a portion of a public park, road, or other property of a political subdivision; and (ii) entertainment, the sale of merchandise, food, or beverages, or mass participation in a sports event; and (B) requires a significant use or coordination of a political subdivision's services. (b) Except as provided by Subsection (c), a political subdivision may not adopt or enforce any ordinance, order, or other similar measure regarding the operation of an unmanned aircraft. (c) A political subdivision may adopt and enforce an ordinance, order, or other similar measure regarding: (1) the use of an unmanned aircraft during a special event; (2) the political subdivision's use of an unmanned aircraft; or (3) the use of an unmanned aircraft near a facility or infrastructure owned by the political subdivision, if the political subdivision: (A) applies for and receives authorization from the Federal Aviation Administration to adopt the regulation; and (B) after providing reasonable notice, holds a public hearing on the political subdivision's intent to apply for the authorization. (d) An ordinance, order, or other similar measure that violates Subsection (b) is void and unenforceable. Added by Acts 2017, 85th Leg., R.S., Ch. 824 (H.B. 1643), Sec. 3, eff. September 1, 2017.