Bill: HB 3082, 86(R) - 2019

Committee

House Homeland Security & Public Safety

2nd Chamber Committee

Senate Criminal Justice

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Neutral Neutral Neutral Neutral Neutral Neutral

Author(s)

Jim Murphy

Sponsor(s)

Brian Birdwell

Bill Caption

Relating to investigating and prosecuting the criminal offense of operating an unmanned aircraft over or near certain facilities.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

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.

Vote Recommendation Notes

Texas Action remains neutral on HB 3082 because it does not promote or violate any of our principles. 

Organizations Supporting

Chevron
Dow Chemical Company
Occidental Petroleum
Texas Chemical Council
Texas Oil and Gas Association

Source URL (retrieved on 04/19/2024 11:04 PM): http://reports.texasaction.com/bill/86r/hb3082?print_view=true