Texas Drone Laws (2026): State Rules, Local Ordinances & FAA
Complete guide for commercial and recreational UAS operators
State Overview
Texas maintains a moderate regulatory stance centered on privacy and critical infrastructure protection. Government Code Chapter 423, upheld by the Fifth Circuit in 2023, provides detailed restrictions on drone surveillance, operations over critical infrastructure, correctional facilities, and sports venues. However, the state preempts most local regulation and provides robust carve-outs for lawful commercial uses including pipeline inspection, utility operations, and real estate photography, making it feasible for commercial operators to work within the framework.
State Drone Laws
Tex. Gov't Code § 423.003Unlawful Capture of Surveillance Image by Unmanned Aircraft
Prohibits using a drone to capture an image of an individual or privately owned real property with the intent to conduct surveillance. Violation is a Class C misdemeanor. The Fifth Circuit upheld this statute against facial First Amendment challenge in National Press Photographers Ass'n v. McCraw (2023).
Tex. Gov't Code § 423.004Possession, Display, Distribution, or Use of Unlawfully Captured Image
Makes it unlawful to possess, disclose, display, distribute, or use an image captured in violation of § 423.003. Possession is a Class C misdemeanor; distribution/display/use is a Class B misdemeanor with enhanced civil penalties.
Tex. Gov't Code § 423.002Lawful Uses of Unmanned Aircraft
Lists approximately 25 lawful uses for which the surveillance and critical-infrastructure restrictions do not apply. These include professional/scholarly research, pipeline inspection, utility operations, real estate photography (with owner consent), insurance underwriting, law enforcement operations, environmental/agricultural assessment, and border security within 25 miles of US-Mexico border.
Tex. Gov't Code § 423.0045Prohibition on Operating Unmanned Aircraft Over Critical Infrastructure Facility
Prohibits operating a drone at less than 400 feet AGL over critical infrastructure facilities or allowing a drone to contact such a facility. Critical infrastructure includes petroleum refineries, chemical plants, power plants and substations, water treatment facilities, natural-gas compressor stations, above-ground pipelines, telecommunications facilities, and certain animal-feeding operations. Class B misdemeanor; Class A on repeat offense within one year.
Tex. Gov't Code § 423.0046Prohibition on Operating Unmanned Aircraft Over Sports Venue
Prohibits operating a drone at less than 400 feet AGL over a sports venue with seating capacity of 30,000 or more (such as AT&T Stadium, NRG Stadium, Kyle Field, Darrell K Royal Stadium, Globe Life Field). Applies to arenas, racetracks, coliseums, and similar facilities. Runs in parallel with federal TFR under 14 CFR § 99.7.
Tex. Gov't Code § 423.0047Prohibition on Operating Unmanned Aircraft Over Correctional, Detention, and Critical-Infrastructure Facilities
Prohibits operating a drone at less than 400 feet AGL over a correctional facility, detention facility, or critical-infrastructure facility. Applies to TDCJ units, county jails, and federal BOP facilities. Repeat offense within one year is upgraded to Class A misdemeanor. Contraband delivery adds felony exposure under Penal Code § 38.11.
Tex. Gov't Code § 423.0075Weaponization of Unmanned Aircraft
Prohibits equipping or arming a drone with a weapon or using a drone to fire a weapon. State-jail felony.
Tex. Gov't Code § 423.009Preemption of Local Drone Regulation
Political subdivisions (cities/counties) are prohibited from adopting drone ordinances except: (1) during special events, (2) for the subdivision's own use, or (3) near facilities owned by the subdivision (with FAA authorization and public hearing). State law preempts most local drone regulations.
31 TAC § 59.134Drone Operations in State Parks
Texas Parks & Wildlife Department regulation requiring prior written authorization from TPWD or park superintendent to launch, land, or operate a drone within state park boundaries. Default is prohibition. Only San Angelo State Park, Martin Dies Jr. State Park, and Lake Whitney State Park have designated remote-controlled aircraft zones.
Tex. Parks & Wildlife Code § 62.003Hunting from Aircraft or Airborne Device
Prohibits hunting any wild bird or wild animal from an aircraft or airborne device. TPWD has interpreted 'aircraft' to include drones and enforces against using drones to hunt, scout, herd, capture, take, count, or photograph wildlife without a permit. Exception: drones may be used at night to locate feral hogs for lethal control (uniquely Texas carve-out). Bait delivery via drone is prohibited under federal Airborne Hunting Act.
Tex. Penal Code § 21.15Invasive Visual Recording
Prohibits recording, photographing, or broadcasting a visual image of another person's intimate areas without consent. Applies to any method of capture, including drones. State-jail felony.
Tex. Penal Code § 21.16Unlawful Disclosure or Promotion of Intimate Visual Material
Prohibits distributing, displaying, or promoting intimate visual material without consent. Applies to images captured by any means, including drones.
Tex. Penal Code § 42.07Harassment
Repeated surveillance or monitoring behavior that would reasonably be expected to annoy, alarm, or torment another person may constitute harassment. Applies when drone operators conduct persistent surveillance of a location or person.
Tex. Civ. Prac. & Rem. Code § 98BCivil Cause of Action for Intimate Visual Material
Provides a civil right of action for persons whose intimate visual material is disclosed without consent. Applies to images captured by any means, including drones.
SB1197Operation of Unmanned Aircraft Over a Spaceport
New state law (89th Legislature) creating a criminal offense for operating an unmanned aircraft over a spaceport facility. Defines spaceports and establishes flight restrictions similar to those over other critical infrastructure.
SB2569Reporting Requirement for Law Enforcement Agencies Using Unmanned Aircraft
New state law (89th Legislature) requiring law enforcement agencies to report their use and operation of unmanned aircraft. Establishes transparency and accountability for government drone operations.
Local/Municipal Ordinances
Houston
cityParks and Recreation Drone Restrictions
Houston prohibits drone takeoff and landing from 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 or Dallas Film Commission.
Restrictions
Drone operations prohibited in all Houston city parks except designated areas. Launch and landing only permitted at: George Bush Park (Precinct 3), Dyess Park (Precinct 4), and Schiveley R/C Flying Field. Lake Houston Wilderness Area prohibits all recreational drone flights.
Harris County
countyHarris County Parks Drone Policy
Harris County prohibits drone operation in county parks except in specifically designated areas.
Restrictions
Drone flights prohibited in Lake Livingston State Park (proximity to dam infrastructure) and Sheldon Lake Reservoir State Park. Only recreation drone flying allowed at three designated parks: George Bush Park, Dyess Park, and Schiveley R/C Flying Field.
Dallas
cityDallas Film Commission Drone Permitting
Dallas requires commercial drone filming permits through the Dallas Film Commission or Office of Special Events.
Restrictions
Commercial drone operations on city property require a filming permit. Residential neighborhoods not generally restricted beyond state law, but homeowner-association rules and trespass laws apply. Flights in downtown Dallas involve Dallas Love Field Class D airspace and DFW Class B airspace requiring LAANC.
Austin
cityAustin Film Commission and Capitol Complex Restrictions
Austin Film Commission manages drone permitting for commercial filming on city property. Texas Capitol Complex in downtown Austin is a state-level drone-restricted security zone.
Restrictions
Austin Parks and Recreation Department prohibits drone launch and landing from city park ground without prior approval. Commercial filming on city property requires Austin Film Commission permit. Capitol Complex is designated no-drone zone by State Preservation Board and Department of Public Safety; requires DPS authorization for any flights within approximately 0.5-mile radius of Capitol grounds.
San Antonio
citySan Antonio Parks and River Walk Drone Policy
San Antonio prohibits drone launch and landing in city parks without a Parks & Recreation permit.
Restrictions
Drone operations prohibited in city parks without Parks & Recreation permit. River Walk is city-owned and subject to crowd-density and airspace restrictions. Flights near downtown involve Class C airspace from San Antonio International (SAT) and Stinson Municipal (SSF) requiring LAANC.
Fort Worth
cityFort Worth Parks Drone Restrictions
Fort Worth restricts drone operation in city parks without authorization.
Restrictions
Drone flights in Fort Worth city parks require authorization from Fort Worth Parks and Recreation Department (PARD).
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Capture of surveillance image by drone (Tex. Gov't Code § 423.003) | Class C Misdemeanor | Up to $500 | None | Texas Department of Public Safety, Local Law Enforcement, County/District Attorneys | Civil liability also possible |
| Possession of unlawfully captured image (Tex. Gov't Code § 423.004) | Class C Misdemeanor | Up to $500 | None | Texas Department of Public Safety, Local Law Enforcement | Defense: destroying image without disclosure |
| Distribution, display, or use of unlawfully captured image (Tex. Gov't Code § 423.004) | Class B Misdemeanor | Up to $2,000 | Up to 180 days | Texas Department of Public Safety, Local Law Enforcement | Civil penalties: $5,000-$10,000 per image plus actual damages and attorney fees |
| Operation over critical infrastructure at less than 400 feet AGL (Tex. Gov't Code § 423.0045) | Class B Misdemeanor; Class A on repeat within 1 year | Up to $2,000 (Class B); Up to $4,000 (Class A) | Up to 180 days (Class B); Up to 1 year (Class A) | Texas Department of Public Safety, Local Law Enforcement | Critical infrastructure includes refineries, power plants, water treatment, pipelines, telecom, animal-feeding operations |
| Operation over sports venue (30,000+ seats) at less than 400 feet AGL (Tex. Gov't Code § 423.0046) | Class B Misdemeanor | Up to $2,000 | Up to 180 days | Texas Department of Public Safety, Local Law Enforcement | Runs parallel with federal TFR under 14 CFR § 99.7 |
| Operation over correctional/detention facility at less than 400 feet AGL (Tex. Gov't Code § 423.0047) | Class B Misdemeanor; Class A on repeat within 1 year | Up to $2,000 (Class B); Up to $4,000 (Class A) | Up to 180 days (Class B); Up to 1 year (Class A) | Texas Department of Public Safety, TDCJ Inspector General, Local Law Enforcement | Contraband delivery adds felony exposure under Tex. Penal Code § 38.11 |
| Weaponized drone (Tex. Gov't Code § 423.0075) | State-Jail Felony | Up to $10,000 | 180 days to 2 years | Texas Department of Public Safety, Federal Authorities | Federal weapons charges may also apply |
| Hunting or harassing wildlife from drone (Tex. Parks & Wildlife Code § 62.003) | Class A Misdemeanor | Up to $4,000 | Up to 1 year | Texas Parks and Wildlife Department Game Wardens | Exception: feral hog location at night for lethal control. Bait delivery via drone prohibited. |
| Drone operation in state park without authorization (31 TAC § 59.134) | Class C Misdemeanor | Up to $500 | None | Texas Parks and Wildlife Department, Park Rangers | Ejection from park grounds also possible |
| Invasive visual recording by drone (Tex. Penal Code § 21.15) | State-Jail Felony | Up to $10,000 | 180 days to 2 years | Local Law Enforcement, District Attorneys | Applies to recording intimate areas without consent |
| Disclosure of intimate visual material (Tex. Penal Code § 21.16) | Class A Misdemeanor | Up to $4,000 | Up to 1 year | Local Law Enforcement | Civil liability also available under Tex. Civ. Prac. & Rem. Code § 98B |
| Harassment via drone surveillance (Tex. Penal Code § 42.07) | Class B Misdemeanor | Up to $2,000 | Up to 180 days | Local Law Enforcement | Repeated surveillance that would reasonably annoy, alarm, or torment |
Capture of surveillance image by drone (Tex. Gov't Code § 423.003)
Civil liability also possible
Possession of unlawfully captured image (Tex. Gov't Code § 423.004)
Defense: destroying image without disclosure
Distribution, display, or use of unlawfully captured image (Tex. Gov't Code § 423.004)
Civil penalties: $5,000-$10,000 per image plus actual damages and attorney fees
Operation over critical infrastructure at less than 400 feet AGL (Tex. Gov't Code § 423.0045)
Critical infrastructure includes refineries, power plants, water treatment, pipelines, telecom, animal-feeding operations
Operation over sports venue (30,000+ seats) at less than 400 feet AGL (Tex. Gov't Code § 423.0046)
Runs parallel with federal TFR under 14 CFR § 99.7
Operation over correctional/detention facility at less than 400 feet AGL (Tex. Gov't Code § 423.0047)
Contraband delivery adds felony exposure under Tex. Penal Code § 38.11
Weaponized drone (Tex. Gov't Code § 423.0075)
Federal weapons charges may also apply
Hunting or harassing wildlife from drone (Tex. Parks & Wildlife Code § 62.003)
Exception: feral hog location at night for lethal control. Bait delivery via drone prohibited.
Drone operation in state park without authorization (31 TAC § 59.134)
Ejection from park grounds also possible
Invasive visual recording by drone (Tex. Penal Code § 21.15)
Applies to recording intimate areas without consent
Disclosure of intimate visual material (Tex. Penal Code § 21.16)
Civil liability also available under Tex. Civ. Prac. & Rem. Code § 98B
Harassment via drone surveillance (Tex. Penal Code § 42.07)
Repeated surveillance that would reasonably annoy, alarm, or torment
Registration, Fees & Taxes
No additional state registration or fees in Texas
Only standard federal FAA registration applies. No state registration, licensing, or drone-specific fees on record.
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
Commercial License
Not Required
Sales Tax on Drones
Does Not Apply
Texas does not require state-level drone registration beyond federal FAA requirements. All drones over 250 grams must be registered with the FAA ($5 for 3 years). No state-specific registration, commercial licensing, or drone-specific taxes apply. Texas has no state income tax, simplifying business setup for drone operators.
State-level commercial drone operations do not require state permits beyond FAA Part 107 certification. City/county permits may be required for takeoff/landing on municipal property.
Insurance is not mandated by Texas law, but most commercial clients require $1 million drone liability coverage. Annual policies are standard; per-flight policies accepted.
Running a commercial operation in Texas? See Texas commercial drone laws (beyond the FAA).
Pilots running multi-job ops often keep scheduling and invoices in one place — see Pilot Ledger.
Applicable Federal Regulations
Part 107 Commercial Operations
Federal Aviation Regulation Part 107 governs all commercial small UAS operations in the United States, including Texas.
Texas does not add state-level commercial licensing beyond FAA Part 107. All commercial drone work in Texas must be conducted by a Remote Pilot Certificate holder (Part 107) unless operating under a waiver or exemption. Part 107 certificate costs $175 and is valid for 24 months.
TRUST Recreational Certification
The Recreational UAS Safety Test (TRUST) is required for all recreational drone flights in the United States.
Texas recreational flyers must pass the free TRUST test before flying. No state-level recreational licensing requirement in Texas.
Remote ID Requirement
All drones flown outdoors must broadcast Remote ID information (drone ID, location, altitude) as of March 16, 2024.
Remote ID mandatory for all drones in Texas unless operating inside an FAA-Recognized Identification Area (FRIA). Standard remote ID dongles or broadcast modules required on most commercial drones.
Stadium TFRs (14 CFR § 99.7)
Federal TFRs prohibit drone operations within 3 nautical miles of stadiums with 30,000+ seats during sporting events.
Texas venues covered: AT&T Stadium (Arlington), NRG Stadium (Houston), Globe Life Field (Arlington), Kyle Field (College Station), Darrell K Royal Stadium (Austin), Circuit of the Americas (Austin), Texas Motor Speedway (Fort Worth). Federal TFRs run 1 hour before to 1 hour after events. State law § 423.0046 adds parallel state-level prohibition.
National Airspace System Integration
LAANC (Low Altitude Authorization and Notification Capability) provides near-real-time airspace authorization for controlled airspace.
LAANC widely available in Texas around major airports (DFW, IAH, HOU, AUS, SAT). Denials common at low altitudes near airports. Part 107 pilots can request further coordination for flights above UAS Facility Map ceilings.
National Park Service Ban (36 CFR § 1.5)
National Park Service prohibits drone launches and landings on NPS land.
Texas national parks and recreation areas (Big Bend National Park, Padre Island National Seashore, Guadalupe Mountains, Lake Meredith NRA) ban drone operations. Different regulator from Texas Parks & Wildlife Department, but similar outcome: no flying without express authorization.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
Tex. Gov't Code § 423.0045 — Offense: Operation of Unmanned Aircraft Over Critical Infrastructure Facility
Penalty: Class B misdemeanor (Class A on subsequent conviction under § 423.0045 or § 423.0046)
FAA authorization carve-out: Yes
Covered categories
Chapter 423 was upheld in part by the Fifth Circuit in NPPA v. McCraw (2024) on field-preemption and facial First Amendment grounds; the court explicitly preserved as-applied challenges.
Airspace & LAANC
LAANC Coverage
Extensive LAANC coverage available around Texas major airports including Dallas/Fort Worth International (DFW) Class B, Houston Bush Intercontinental (IAH) Class B, Houston Hobby (HOU) Class B, Austin-Bergstrom (AUS) Class C, and San Antonio International (SAT) Class C. Authorization typically available through DJI Fly, Aloft, AirHub, and other FAA-approved UAS Service Suppliers.
Major Airports
DFW — Dallas/Fort Worth InternationalIAH — Houston Bush IntercontinentalHOU — Houston William P. HobbyAUS — Austin-BergstromSAT — San Antonio InternationalSSF — San Antonio Stinson MunicipalDAL — Dallas Love Field
TFR Notice
Temporary Flight Restrictions (TFRs) issued for major sporting events including NFL games at AT&T Stadium (Arlington) and NRG Stadium (Houston), college football at Kyle Field (College Station) and Darrell K Royal Stadium (Austin), MLB at Globe Life Field (Arlington), and motor-sport events at Circuit of the Americas (Austin) and Texas Motor Speedway (Fort Worth). Active TFRs for the 2026 FIFA World Cup at host cities across Texas.
More on controlled airspace and ops: How LAANC authorization works on a Part 107 job.
Recent Enforcement Actions & News
Fifth Circuit Court of Appeals Upholds Texas Drone Privacy Law
regulatory changeNational Press Photographers Association v. McCraw, 90 F.4th 770 (5th Cir. 2023). Fifth Circuit reversed a 2022 federal district court ruling and upheld Texas Government Code Chapter 423 against facial First Amendment challenge. All surveillance-image, no-fly-over-critical-infrastructure, sports-venue, and correctional-facility provisions are enforceable. Rehearing denied January 2024.
Governor Signs SB1197 — New Spaceport Drone Flight Prohibition
legislationSenate Bill 1197 signed into law, creating a new state criminal offense for operating unmanned aircraft over a spaceport facility. Effective September 1, 2025.
Governor Signs SB2569 — Law Enforcement Drone Reporting Requirement
legislationSenate Bill 2569 signed into law, requiring law enforcement agencies to report their use and operation of unmanned aircraft. Effective immediately June 20, 2026.
Texas DPS Reminds Drone Operators of FAA Restrictions for 2026 FIFA World Cup
enforcementTexas Department of Public Safety issued advisory reminding drone operators to comply with FAA restrictions and no-fly zones established for 2026 FIFA World Cup host cities across Texas, with potential fines up to $100,000 for violations.
FAA Launches DETER Program for Accelerated Drone Enforcement
regulatory changeFederal Aviation Administration announced new DETER (Detect, Enforce, Track, Educate, Resolve) program to expedite drone enforcement nationwide, including in Texas. Program aims to speed up investigation and prosecution of drone violations.
Pending Legislation
HB3662In CommitteeOperation of Unmanned Aircraft Over Primary or Secondary School Instructional Facility
Proposed legislation creating a criminal offense for operating an unmanned aircraft over a primary or secondary school instructional facility. Would add schools to the list of protected facilities under state drone law.
Last action: May 13, 2025
HB646In CommitteeUse of Unmanned Aircraft to Locate and Retrieve Wounded or Killed Wildlife
Proposed legislation that would permit the use of drones to locate and retrieve wounded or killed wildlife in hunting contexts. Currently prohibited under § 62.003 except for feral hog location at night.
Last action: March 4, 2025
HB676In CommitteeUse of Unmanned Aircraft to Locate and Retrieve Wounded or Killed Wildlife
Companion bill to HB646 proposing carve-out for drone use in wildlife recovery during hunting operations.
Last action: March 20, 2025
HB2916In CommitteeCriminal and Civil Liability for Disabling, Damaging, or Destroying Unmanned Aircraft
Proposed legislation addressing criminal and civil liability for persons who disable, damage, or destroy drones. Would clarify legal consequences for shooting down or otherwise damaging aircraft.
Last action: March 19, 2025
HB4436In CommitteeCertain Images Captured by Unmanned Aircraft for Purposes of News-Gathering
Proposed legislation creating carve-out or modification to Government Code § 423.003 (surveillance prohibition) for journalists and news organizations using drones for legitimate news-gathering. Addresses First Amendment concerns raised in NPPA v. McCraw litigation.
Last action: April 2, 2025
SB3010In CommitteeCertain Images Captured by Unmanned Aircraft for Purposes of News-Gathering
Companion to HB4436 in the Senate, proposing news-gathering exception to drone surveillance prohibition.
Last action: April 7, 2025
HB1236In CommitteeStudy on Electric Unmanned Aircraft Capable of Vertical Take-Off and Landing
Proposed legislation directing a study on advanced air mobility (eVTOL) technology development and facilities needed in Texas. Not specifically a drone restriction, but reflects legislative interest in new UAS technologies.
Last action: March 10, 2025
SB1507In CommitteeAdvanced Air Mobility
Companion to HB1236 in the Senate, addressing regulatory framework for advanced air mobility vehicles.
Last action: March 6, 2025
HB4867In CommitteeManagement of Wildlife and Exotic Animals from Aircraft
Proposed legislation addressing aerial management and control of wildlife and exotic animals from aircraft, potentially including drones, creating criminal offense for unauthorized use.
Last action: April 23, 2025
HB1285Passed House, Referred to SenateInspections by Railroad Commission Using Unmanned Aircraft
Proposed legislation authorizing the Railroad Commission of Texas to conduct inspections and examinations of certain sites and facilities using unmanned aircraft. Would expand government use of drones for regulatory inspections.
Last action: May 20, 2025
HB3134In CommitteeAdvanced Air Mobility
Proposed legislation addressing regulation and development of advanced air mobility (AAM) and eVTOL technology in Texas.
Last action: May 13, 2025
HB2521In CommitteeRegulation of Vertiports
Proposed legislation addressing regulation and development of vertiports (vertical takeoff/landing facilities) for advanced air mobility vehicles.
Last action: March 17, 2025
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of Texas at Austin | UT Austin requires all UAS operations on campus to be approved by the Office of Environmental Health & Safety. Darrell K Royal-Texas Memorial Stadium is subject to federal and state TFRs during Longhorn football games. Texas state law (Tex. Gov. Code § 423) adds additional privacy protections for drone surveillance over campus. Restrictions: Prior EHS approval required for all drone operations. Stadium TFR in effect during home football events (1 hour before to 1 hour after kickoff). No flights over campus buildings, crowds, or parking areas. Texas privacy law § 423.003 applies to any surveillance imaging. | Yes | Office of Environmental Health & Safety — ehs@utexas.edu |
| Texas A&M University | Texas A&M requires approval from the Division of Research Safety for all drone operations on campus. Kyle Field (football stadium) is subject to federal and state TFRs during events. The university has an active UAS research program. Restrictions: Division of Research Safety approval required. Kyle Field TFR during events (1 hour before to 1 hour after kickoff). No flights over campus buildings. Texas privacy law applies to imaging operations. | Yes | Division of Research Safety — researchsafety@tamu.edu |
| Texas Tech University | Texas Tech requires coordination with campus police and risk management for drone operations. Jones AT&T Stadium is subject to TFRs during Red Raider events. Restrictions: Campus police and risk management coordination required. Stadium TFR during events. Texas privacy law applies. | Yes | Office of Risk Management / Campus Police |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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