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Relating to investigating and prosecuting the criminal offense of operating an unmanned aircraft over or near certain facilities.
No significant fiscal implication to the State is anticipated.
HB 3082 would change the requisite intent for operating an unmanned aircraft over a correctional facility, detention facility, or critical infrastructure facility from intentionally or knowingly committing that conduct, to committing that conduct with criminal negligence. Under the Texas Penal Code, a person acts with criminal negligence when he or she ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Also, this bill would require a peace officer who investigates such an offense to notify the Department of Public Safety of the investigation, and would authorize DPS to require further information from the officer as DPS determines necessary.
Texas Action remains neutral on HB 3082 because it does not promote or violate any of our principles.