Texas Drone Laws

With fantastic wide open spaces and beautiful natural and urban locations, Texas is a prime spot for drone hobbyists and commercial flyers. Unmanned Aerial Vehicles (UASs or “drones”) have become incredibly popular across the US, and we’ve become spoilt for choice in terms of the number of devices entering the market.

That said, while drones are more accessible across different budget levels, and being a drone pilot is easier than ever, drone regulations are getting more stringent. The main regulatory body you need to know about is the Federal Aviation Administration (FAA). They preside over the regulations and guidelines for drones across the US.

Although, regulations are getting tighter at local and state levels at a much quicker pace than the FAA is able to produce, which is why it’s equally important to know the state and local laws for the place you plan on flying your drone, whether that’s in your home state or another state as a visitor.

So in an effort to keep you up to date on everything drone owners need to know about local, state, and federal laws across Texas, here’s a handy guide that we’ll try to keep as up to date as possible.

State Drone Laws

These laws were drafted by the Texas State Legislature and apply to the entire state of Texas regardless of which town, city, or park you’re in.

Texas Parks & Wildlife Policies

The use of drones is forbidden in state parks across Texas, except for special zones for flying remote controlled aircraft in two state parks: San Angelo and Martin Dies, Jr. Although you may request a flying and filming permit at any park in Texas by sending in an application to the relevant park officials. It may take a while for them to review your application, so be sure to contact them at least a few weeks before you plan on flying.

Texas Administrative Code TAC No. 65.152

This law states that it’s a criminal act to use a UAS for counting, hunting, capturing, photographing, or driving wildlife without a Land Owner Authorization (LOA) and an Aerial Management Permit (AMP).

Texas Regulation HB No. 1424

This law prohibits drone owners from operating any UAS over the grounds or airspace of any correctional and detention facilities within the state. It also goes further to prohibit drone flying over any sports venues, except for special circumstances with the correct legal permits.

Texas Regulation HB No. 1481

This law makes it a class B misdemeanor if someone flies a drone over any critical infrastructure facility closer than 400 feet off the ground. But since FAA regulations (which we touch on later) make it illegal to fly in airspace higher than 400 feet off the ground, flying over any critical infrastructure is not possible, period.

Texas Regulation HB No. 912

This law describes new penalties for illegally capturing images and other recordings by using an unmanned aircraft.

Texas Regulation HB No. 1643

This law restricts local government control over drone regulations with the exception of special events like festivals.

Texas Regulation HB No. 2167

This law provides a few drone image capturing permissions for various commercial and law enforcement entities. However, the law provides a caveat that states no individual may be recognizable in any of these images. It gives telecommunications providers permission to use drones for image capturing, as well as insurance companies that are authorized by the FAA who want to capture images for specific insurance purposes. In terms of law enforcement, it states that only law enforcement official are allowed to use drones to capture images within a 25 mile span of the U.S. border for border security purposes.

Local Drone Laws

These regulations apply to specific cities, parks, and counties within the state of Texas.

Harris County Parks Rules and Regulations

Model aircraft and drones aren’t allowed in a precinct park, except for designated areas, which includes George Bush Park (Precinct 3 – Houston, TX), Dyess Park (Precinct 4 – Cypress, TX), Schiveley R/C Flying Field (Houston, TX). When flying in these zones, the drone must always stay within the operator’s line of sight.

Federal Drone Laws

Federal laws should always be your first go-to whenever you’re unsure of what drown laws apply to you. Many state and local laws are based on federal rules, so if you follow these and watch out for no drone zones then you should be fine. The FAA makes a distinction between recreational and commercial fliers, so there are some separate rules you should be aware of based on how you choose to operate your drone.

FAA Reauthorization Act of 2018

This is the main FAA act that drone owners need to know about because it lists the rules for drone operation in the US, mainly related to privacy and safety. It also says that all drones, including both recreational and commercial, are only allowed to be flown in uncontrolled (Class G) airspace. Recreational fliers are limited to 500 feet and 100 mph, while commercial drones are limited to 400 feet and also 100 mph.

You can get permission to fly in regulated airspace, however, which is usually the airspace around airports and critical infrastructure. You can apply via either the LAANC or DroneZone on the FAA website to be able to fly in class B,C,D, or E airspace.

FAA Regulation 14 CFR Parts 1, 45, 47, 48, 91, and 375

This regulation applies to both recreational and commercial fliers because the FAA requires that all unmanned aircraft (UA) be registered and marked with a registration number. Once you have the permit, it lasts for 3 years before you’ll have to renew it again. You need to do this before you fly your drone for the first time. You should also note that no one under 13 years of age will be allowed to apply for FAA UAV registration, although the FAA doesn’t have an official age restriction for recreational drone operators, commercial drone operators need to be at least 16 years old.

Aircraft Rule Part 107

This regulation only applies to commercial fliers. In addition to registering with the FAA and getting a registration number, commercial fliers also have to apply for a drone pilot certification.

It states that a drone has to weigh less than 55 pounds, including any load being carried by the UAS. Part 107 has a few additional rules that drone operators need to be aware of such as limits on load carrying, the ability to operate a drone from a vehicle, and the rule that a drone has to stay within the visual line of sight of an operator or visual observer.