Bill Text: TX HB4737 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibiting the acquisition and use of certain unmanned aircraft by a governmental entity.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [HB4737 Detail]
Download: Texas-2023-HB4737-Introduced.html
88R8947 JRR-D | ||
By: Tinderholt | H.B. No. 4737 |
|
||
|
||
relating to prohibiting the acquisition and use of certain unmanned | ||
aircraft by a governmental entity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 423, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 423. [ |
||
SECTION 2. Chapter 423, Government Code, is amended by | ||
adding Section 423.010 to read as follows: | ||
Sec. 423.010. ACQUISITION OR USE OF CERTAIN FOREIGN | ||
UNMANNED AIRCRAFT BY GOVERNMENTAL ENTITY PROHIBITED; REPORT. (a) | ||
In this section: | ||
(1) "Company" means a sole proprietorship, | ||
organization, association, corporation, partnership, joint | ||
venture, limited partnership, limited liability partnership, or | ||
limited liability company, including a wholly owned subsidiary, | ||
majority-owned subsidiary, parent company, or affiliate of those | ||
entities or business associations, that exists to make a profit. | ||
(2) "Governmental entity" means this state, a | ||
political subdivision of this state, or an agency of this state or a | ||
political subdivision of this state. | ||
(b) Except as otherwise provided by Subsection (d), a | ||
governmental entity may not acquire or use an unmanned aircraft | ||
produced by a company that the governmental entity knows or has | ||
reason to believe is: | ||
(1) owned by or the majority of stock or other | ||
ownership interest of the company is held or controlled by: | ||
(A) individuals who are citizens of China; or | ||
(B) a company or other entity, including a | ||
government entity, that is owned or controlled by citizens of or is | ||
directly controlled by the government of China; or | ||
(2) headquartered in China. | ||
(c) The prohibition described by Subsection (b) applies | ||
regardless of whether: | ||
(1) the company's or its parent company's securities | ||
are publicly traded; or | ||
(2) the company or its parent company is listed on a | ||
public stock exchange as a Chinese company. | ||
(d) A governmental entity that, before September 1, 2023, | ||
acquired, or entered into a contract or agreement to acquire, an | ||
unmanned aircraft described by Subsection (b) may continue to use | ||
the unmanned aircraft after that date, except that for each | ||
acquisition of an unmanned aircraft that is not prohibited under | ||
Subsection (b) that occurs on or after September 1, 2023, the | ||
governmental entity must discontinue use of an unmanned aircraft | ||
described by Subsection (b). | ||
(e) Not later than October 1 of each even-numbered year, a | ||
governmental entity that continues to use an unmanned aircraft as | ||
described by Subsection (d) must submit the following information | ||
for the preceding state fiscal biennium to the Department of Public | ||
Safety in the form and manner prescribed by the department: | ||
(1) the number and percentage of the governmental | ||
entity's unmanned aircraft that are described by Subsection (b); | ||
(2) the number of unmanned aircraft acquired; | ||
(3) the number and percentage of unmanned aircraft | ||
described by Subsection (b) that the governmental entity | ||
discontinued using; and | ||
(4) any other information prescribed by the | ||
department. | ||
(f) Not later than December 1 of each even-numbered year, | ||
the Department of Public Safety shall submit to the governor, the | ||
lieutenant governor, and the legislature a report summarizing the | ||
information received by the department under Subsection (e) for the | ||
preceding state fiscal biennium. | ||
SECTION 3. Section 423.010(b), Government Code, as added by | ||
this Act: | ||
(1) applies to the acquisition of an unmanned aircraft | ||
on or after the effective date of this Act, except that a contract | ||
or agreement to purchase or otherwise acquire an unmanned aircraft | ||
described by that section that is entered into before the effective | ||
date of this Act is unaffected by this Act; and | ||
(2) except as otherwise provided by Section | ||
423.010(d), as added by this Act, applies to the use of an unmanned | ||
aircraft on or after the effective date of this Act, regardless of | ||
whether the unmanned aircraft was acquired before, on, or after the | ||
effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2023. |