Texas Drone Laws (2026): State Rules, Local Ordinances & FAA

It is a Class C misdemeanor to use a drone to capture an image of an individual or privately owned real property with the intent to conduct surveillance. The Fifth Circuit Court of Appeals upheld this statute's constitutionality in National Press Photographers Ass'n v. McCraw, 90 F.4th 770 (5th Cir. 2024).

It is unlawful to possess, disclose, display, distribute, or use an image captured in violation of § 423.003. Possession is a Class C misdemeanor; disclosure, display, distribution, or use is a Class B misdemeanor.

Individuals may recover civil damages for drone image capture and disclosure violations. Civil penalties are $5,000 per captured image and $10,000 per disclosed image, plus actual damages and attorney's fees if disclosed with malice.

Operating a drone at less than 400 feet AGL over a critical-infrastructure facility is a Class B misdemeanor. Critical-infrastructure facilities include petroleum refineries, chemical plants, electric power generating stations and substations, water treatment facilities, natural gas facilities, pipelines, telecommunications facilities, and certain animal-feeding operations. Repeat offenses within one year are a Class A misdemeanor.

Flying a drone at less than 400 feet AGL over a sports venue — defined as any arena, automobile racetrack, coliseum, stadium, or similar facility with a seating capacity of 30,000 or more — is a Class B misdemeanor. Applies to venues like AT&T Stadium, NRG Stadium, Globe Life Field, Kyle Field, Darrell K Royal-Texas Memorial Stadium, and major racetracks.

Operating a drone at less than 400 feet AGL over a correctional facility, detention facility, or critical-infrastructure facility is a Class B misdemeanor. Repeat offenses within one year are a Class A misdemeanor. Contraband delivery by drone adds felony exposure under Penal Code § 38.11.

Equipping or arming a drone with a weapon, or using a drone to fire a weapon, is a state-jail felony.

The statute lists approximately 25 lawful uses for which the surveillance and critical-infrastructure prohibitions do not apply. These include: professional or scholarly research, imagery for pipeline safety, utility and infrastructure inspection, real estate marketing (with owner consent), operations and maintenance of electric or natural-gas facilities, law enforcement under warrant, training and research by educational institutions, port authority operations, surveying and mapping for agriculture, images captured at public events or from public rights-of-way, licensed real estate broker marketing, and border security operations within 25 miles of the US-Mexico border.

Hunting any wild bird or wild animal from an aircraft is prohibited. Texas Parks & Wildlife has interpreted 'aircraft' to include drones. Using a drone to hunt, drive, harass, capture, take, count, or photograph wildlife is unlawful absent an Aerial Management Permit (AMP) and Land Owner Authorization (LOA). Exception: Drones may be used at night to locate feral hogs for lethal control. Drone-assisted bait deployment for fishing is prohibited under the Federal Airborne Hunting Act (50 CFR 19.11(b)(2)).

Launching, landing, or operating a drone within the boundaries of a Texas state park requires prior written authorization from Texas Parks & Wildlife Department (TPWD) or the park superintendent. Only San Angelo State Park, Lake Whitney State Park, and Martin Dies Jr. State Park have designated drone-friendly zones. Requests must be submitted several weeks in advance.

Recording, photographing, or broadcasting a visual image of another person's intimate areas without consent is a state-jail felony. Applies to drone-captured imagery.

Disclosing or promoting intimate visual material of another person without consent. Applies to drone-captured intimate imagery.

Repeated surveillance of a person by drone that would reasonably be expected to annoy, alarm, or torment can constitute harassment.

Provides civil cause of action for persons whose intimate visual material is disclosed without consent.

Political subdivisions (cities, counties) are prohibited from adopting or enforcing ordinances regulating drone operations except: (1) during special events, (2) for the political subdivision's own use, or (3) near facilities or infrastructure owned by the political subdivision (subject to FAA authorization and public hearing). This prevents a patchwork of local drone ordinances.

Permits telecommunications providers to use drones to capture images. Authorizes law enforcement to use drones to capture images of real property within 25 miles of the US-Mexico border for border security purposes. Allows insurance companies to use drones for underwriting purposes if FAA-authorized.

Permits individuals in certain professions to capture images using drones as long as no individual is identifiable in the image.

Prohibits use of drones to hunt, drive, capture, take, count, or photograph any wildlife and exotic animals. Exceptions apply with an Aerial Management Permit (AMP) and Land Owner Authorization (LOA).

Creates a criminal offense for operating an unmanned aircraft over a spaceport. Signed by the Governor on May 19, 2025.

Requires certain law enforcement agencies to report on their use and operation of unmanned aircraft. Signed by the Governor on June 20, 2025; effective immediately.

Parks and Recreation Drone Restrictions

The City of Houston prohibits drone takeoff and landing in city parks without a Parks & Recreation Department permit. Commercial drone filming on city property requires a permit from the Mayor's Office of Special Events.

Harris County Parks Designated Drone Areas

Harris County Park Rules Section 24 permits drone and model aircraft activities only in designated areas. Drones must remain within visual line of sight unless authorized by the Park Superintendent.

Dallas Film Permit Model

Commercial drone operations on Dallas city property require a permit from the Office of Special Events or the Dallas Film Commission. Residential neighborhoods are subject to state law and homeowner association rules.

Austin Film Commission and State Capitol Complex Restrictions

The Austin Film Commission runs an active drone-permit process for commercial filming on city property. Austin Parks and Recreation prohibits drone launch and landing from city park ground without prior approval. The Texas Capitol Complex is a state-designated drone-restricted area requiring authorization from the State Preservation Board and Department of Public Safety.

San Antonio Parks and River Walk Drone Restrictions

San Antonio prohibits drone launch and landing in city parks without a Parks and Recreation permit. The River Walk is city-owned property subject to these restrictions. Airspace near San Antonio International and Stinson Municipal airports requires LAANC.

Fort Worth Parks Drone Restrictions

Fort Worth municipal code restricts drone operation in city parks without authorization. Contact Fort Worth Parks and Recreation Department (PARD) before launch.