Texas Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
Texas maintains a moderate regulatory posture with detailed restrictions on drone surveillance and operations over critical infrastructure, sports venues, and correctional facilities. The state's landmark privacy statute (Texas Government Code Chapter 423) was upheld by the Fifth Circuit Court of Appeals in 2024 and includes approximately 25 enumerated lawful-use exceptions. Texas preempts local governments from creating their own drone regulations, simplifying compliance.
State Drone Laws
Tex. Gov. Code § 423.003Unlawful Use of Unmanned Aircraft to Capture Image—Surveillance
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. Up to 25 lawful-use exceptions exist in § 423.002.
Tex. Gov. Code § 423.004Possession, Display, Distribution, or Use of Image Captured in Violation
Possessing an image captured in violation of § 423.003 is a Class C misdemeanor. Displaying, distributing, or using such an image is a Class B misdemeanor.
Tex. Gov. Code § 423.006Civil Liability for Image Capture and Disclosure
A person may recover civil damages of $5,000 for capture of an image in violation of § 423.003, or $10,000 for disclosure of such an image. Additional actual damages and attorney's fees may be recovered if image is disclosed with malice.
Tex. Gov. Code § 423.0045Operation of Unmanned Aircraft Over Critical Infrastructure
It is a Class B misdemeanor to operate a drone at less than 400 feet AGL over a critical-infrastructure facility, including petroleum refineries, chemical plants, power generating stations, substations, water treatment facilities, natural-gas compressor stations, pipelines, telecommunications facilities, and certain animal-feeding operations. Repeat offenses within one year are Class A misdemeanors.
Tex. Gov. Code § 423.0046Operation of Unmanned Aircraft Over Sports Venue
It is a Class B misdemeanor to operate a drone at less than 400 feet AGL over a sports venue—defined as an arena, automobile racetrack, coliseum, stadium, or similar facility with seating capacity of 30,000 or more. Applies to AT&T Stadium, NRG Stadium, Globe Life Field, Kyle Field, Darrell K Royal–Texas Memorial Stadium, and similar venues.
Tex. Gov. Code § 423.0047Operation of Unmanned Aircraft Over Correctional, Detention, or Critical-Infrastructure Facility
It is a Class B misdemeanor to operate a drone at less than 400 feet AGL over a correctional facility, detention facility, or critical-infrastructure facility. Repeat offenses within one year are upgraded to Class A misdemeanors. Contraband delivery via drone carries additional felony exposure under Penal Code § 38.11.
Tex. Gov. Code § 423.0075Weaponization of Unmanned Aircraft
It is a state-jail felony to equip or arm a drone with a weapon, or to use a drone to fire a weapon.
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. Texas Parks & Wildlife Department interprets 'aircraft' to include drones. Scouting, herding, capturing, photographing, or counting wildlife with a drone is unlawful without an Aerial Management Permit (AMP) and Land Owner Authorization (LOA). Exception: feral hogs may be located at night for lethal control.
31 TAC § 59.134Drone Operations in Texas State Parks
Launching, landing, or operating a drone within Texas state park boundaries requires prior written authorization from Texas Parks & Wildlife Department or the park superintendent. Two state parks (San Angelo and Martin Dies Jr.) have designated zones for remote-controlled aircraft. Other state parks require a filming permit, typically requiring several weeks for review and approval.
Tex. Penal Code § 21.15Invasive Visual Recording
It is a state-jail felony to record, photograph, or broadcast a visual image of another person's intimate areas without consent, including via drone.
Tex. Penal Code § 21.16Unlawful Disclosure or Promotion of Intimate Visual Material
It is a Class A misdemeanor to disclose, distribute, or promote an intimate visual image captured by any means, including drone, without consent.
Tex. Penal Code § 42.07Harassment
Repeated surveillance or loitering via drone that would reasonably be expected to annoy, alarm, or torment another person constitutes harassment, a Class B misdemeanor.
Tex. Civ. Prac. & Rem. Code § 98BCivil Cause of Action for Disclosure of Intimate Visual Material
Establishes civil cause of action for disclosure of intimate visual material captured by any means, including drones, without consent.
SB 1197 (89th Legislature)Operation of Unmanned Aircraft Over Spaceport
Creates a criminal offense for operating an unmanned aircraft over a spaceport without authorization. Signed by Governor 2025-05-19, effective September 1, 2025.
SB 2569 (89th Legislature)Law Enforcement Reporting Requirement for Unmanned Aircraft Operations
Relates to reporting requirements for certain law enforcement agencies regarding their use or operation of unmanned aircraft. Signed by Governor 2025-06-20, effective immediately.
Local/Municipal Ordinances
City of Houston
cityHouston Parks and Recreation Department—Drone Operations in City Parks
Prohibits drone takeoff and landing in Houston city parks without authorization from Parks & Recreation Department
Restrictions
No drone launch or landing on any Houston city park property. Designated parks with permits possible include Discovery Green, Hermann Park, Buffalo Bayou Park, Memorial Park. Airspace over parks is federal and can be transited from lawful launch points outside park property. Commercial filming on city property requires Mayor's Office of Special Events filming permit.
Harris County
countyHarris County Parks—Model Aircraft and Drone Operations
Restricts drone operation in Harris County parks except in specifically designated areas
Restrictions
Drones may operate only in three designated areas: George Bush Park (Precinct 3), Dyess Park (Cypress), and Schiveley RC Flying Field. Drones must remain in visual line of sight unless authorized in writing by Park Superintendent. Recreation drone flying prohibited at Lake Houston Wilderness Area, Sheldon Lake Reservoir State Park, and Lake Livingston State Park (due to dam proximity).
City of Dallas
cityDallas Film Commission—Commercial Drone Operations Permit
Commercial drone operations on Dallas city property require a permit from the Office of Special Events or Dallas Film Commission
Restrictions
Commercial drone work on city property requires filming permit. Residential neighborhoods not restricted beyond state law, but HOA rules and trespass doctrine apply. Dallas airspace includes Dallas Love Field Class D and DFW International Class B, requiring LAANC authorization.
City of Austin
cityAustin Film Commission and Capitol Complex—Drone Operations
Austin Film Commission requires permits for commercial filming on city property; Texas Capitol Complex is a state-designated drone-restricted area
Restrictions
Commercial drone operations on city property require Austin Film Commission permit. City parks prohibit launch/landing without Austin Parks and Recreation Department approval. Texas Capitol Complex in downtown Austin is off-limits to drones under state-level security restriction enforced by State Preservation Board and Department of Public Safety. Verify current boundary (roughly half-mile radius of Capitol grounds). Austin-Bergstrom (AUS) Class C airspace requires LAANC.
City of San Antonio
citySan Antonio Parks and River Walk—Drone Operations
City parks and River Walk require permits for drone launch and landing
Restrictions
Drone launch/landing in San Antonio city parks requires Parks & Recreation permit. River Walk is city-owned and subject to park rules plus crowd density and Class C airspace from San Antonio International (SAT) and Stinson Municipal (SSF). Frost Bank Center not subject to federal stadium TFR (NBA not covered) or 30,000-seat state law threshold (~18,400 capacity), but event-specific TFRs may apply during Spurs games.
City of Fort Worth
cityFort Worth Parks and Recreation—Drone Operations
City parks require authorization before drone operations
Restrictions
Drone operation in Fort Worth city parks without authorization from Fort Worth Parks and Recreation Department (PARD) is prohibited.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Surveillance image capture by drone (Tex. Gov. Code § 423.003) | Class C Misdemeanor | Up to $500 | None | County/District Attorney, Local Police, Texas Department of Public Safety | Requires intent to conduct surveillance. Up to 25 lawful-use exceptions exist. |
| Possession, display, distribution, or use of surveillance image (§ 423.004) | Possession: Class C Misdemeanor; Display/Distribution/Use: Class B Misdemeanor | Possession: up to $500; Display/Distribution/Use: up to $2,000 | Class B: up to 180 days | County/District Attorney, Local Police | Applies to images captured in violation of § 423.003 |
| Operation over critical infrastructure below 400 ft AGL (§ 423.0045) | Class B Misdemeanor; Class A on repeat within one year | Class B: up to $2,000; Class A: up to $4,000 | Class B: up to 180 days; Class A: up to 1 year | State Police, Local Police, Facility Operators | Includes refineries, power plants, water treatment, pipelines, telecom, animal feeding operations |
| Operation over sports venue below 400 ft AGL (§ 423.0046) | Class B Misdemeanor | Up to $2,000 | Up to 180 days | Local Police, Venue Security | Applies to 30,000+ seat capacity venues. Federal TFR also applies under 14 CFR § 99.7. |
| Operation over correctional/detention facility below 400 ft AGL (§ 423.0047) | Class B Misdemeanor; Class A on repeat within one year | Class B: up to $2,000; Class A: up to $4,000 | Class B: up to 180 days; Class A: up to 1 year | TDCJ Office of Inspector General, Local Police, Facility Personnel | Applies to state prisons, county jails, federal facilities. Contraband delivery adds felony exposure. |
| Weaponization of drone (§ 423.0075) | State-Jail Felony | Up to $10,000 | 180 days to 2 years | Local Police, FBI, ATF | Equipping, arming, or using drone to fire weapon |
| Hunting, scouting, or harassment of wildlife with drone (Parks & Wildlife Code § 62.003) | Class A Misdemeanor | Up to $4,000 | Up to 1 year | Texas Parks & Wildlife Game Wardens | Exception: feral hogs may be located at night for lethal control with permit |
| Drone operation in state park without authorization (31 TAC § 59.134) | Class C Misdemeanor | Up to $500 | None | TPWD Park Rangers, Local Police | Additional penalty: ejection from park |
| Invasive visual recording by drone (Penal Code § 21.15) | State-Jail Felony | Up to $10,000 | 180 days to 2 years | Local Police, District Attorney | Recording intimate areas without consent |
| Unlawful disclosure of intimate visual material (Penal Code § 21.16) | Class A Misdemeanor | Up to $4,000 | Up to 1 year | Local Police, District Attorney | Disclosure or promotion of intimate images |
| Harassment via repeated drone surveillance (Penal Code § 42.07) | Class B Misdemeanor | Up to $2,000 | Up to 180 days | Local Police | Conduct that would reasonably annoy, alarm, or torment |
| Civil damages for surveillance image capture (§ 423.006) | Civil Liability | $5,000 per captured image; $10,000 per disclosed image | None | Civil Court | Additional actual damages and attorney's fees if disclosed with malice |
Surveillance image capture by drone (Tex. Gov. Code § 423.003)
Requires intent to conduct surveillance. Up to 25 lawful-use exceptions exist.
Possession, display, distribution, or use of surveillance image (§ 423.004)
Applies to images captured in violation of § 423.003
Operation over critical infrastructure below 400 ft AGL (§ 423.0045)
Includes refineries, power plants, water treatment, pipelines, telecom, animal feeding operations
Operation over sports venue below 400 ft AGL (§ 423.0046)
Applies to 30,000+ seat capacity venues. Federal TFR also applies under 14 CFR § 99.7.
Operation over correctional/detention facility below 400 ft AGL (§ 423.0047)
Applies to state prisons, county jails, federal facilities. Contraband delivery adds felony exposure.
Weaponization of drone (§ 423.0075)
Equipping, arming, or using drone to fire weapon
Hunting, scouting, or harassment of wildlife with drone (Parks & Wildlife Code § 62.003)
Exception: feral hogs may be located at night for lethal control with permit
Drone operation in state park without authorization (31 TAC § 59.134)
Additional penalty: ejection from park
Invasive visual recording by drone (Penal Code § 21.15)
Recording intimate areas without consent
Unlawful disclosure of intimate visual material (Penal Code § 21.16)
Disclosure or promotion of intimate images
Harassment via repeated drone surveillance (Penal Code § 42.07)
Conduct that would reasonably annoy, alarm, or torment
Civil damages for surveillance image capture (§ 423.006)
Additional actual damages and attorney's fees if disclosed with malice
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). Texas does not impose separate state registration, licensing, or mandatory insurance requirements for drone operators.
No statewide permit required. Some city parks (Houston, Dallas, Austin, San Antonio, Fort Worth) require permits for filming or commercial operations on municipal property. Individual park rules vary.
Not required by state law, but most commercial clients require $1 million in drone liability coverage.
Applicable Federal Regulations
FAA Part 107 Commercial Operations
Federal requirement for commercial drone work
All commercial drone operations in Texas must comply with FAA Part 107 rules. Texas does not require additional state-level commercial licensing. Remote Pilot Certificate ($175 test fee) required; valid for 24 months. Texas has no sales tax income, simplifying business setup for drone operators.
TRUST Recreational Certification
Federal requirement for recreational drone flight
Recreational drone operators in Texas must pass the Recreational UAS Safety Test (TRUST), available free online. Certificate must be carried during flight. Drones over 250g must be registered with FAA ($5 for 3 years).
Remote ID Requirement
Mandatory since March 16, 2024
Every drone flown outdoors in Texas must broadcast its ID, location, and altitude via Remote ID. Exceptions apply for flights inside FAA-Recognized Identification Areas (FRIAs).
Federal Stadium TFRs (14 CFR § 99.7)
Three-nautical-mile drone-free zone around 30,000+ seat stadiums during events
Applies to MLB, NFL, NCAA Division I football, and major motor-sport events. Texas law (Tex. Gov. Code § 423.0046) imposes parallel Class B misdemeanor for state enforcement. Examples: AT&T Stadium (Arlington), NRG Stadium (Houston), Globe Life Field (Arlington), Kyle Field (College Station), Darrell K Royal-Texas Memorial Stadium (Austin).
National Park Service Closure (36 CFR § 1.5)
NPS policy bans drone launches and landings on NPS land
Big Bend National Park, Padre Island National Seashore, Guadalupe Mountains, and Lake Meredith National Recreation Area all prohibit drone launches/landings. Different regulator from Texas Parks & Wildlife.
Controlled Airspace and LAANC
Class B, C, D, and surface-E airspace requires LAANC authorization
DFW, Houston Bush and Hobby, Austin-Bergstrom, and San Antonio International all have Class B or C airspace. LAANC authorization available at 726 airports nationwide. Manual coordination available for altitudes above UAS Facility Map ceilings (up to 400 feet).
Airborne Hunting Act Restrictions
Federal prohibition on airborne hunting
50 CFR 19.11(b)(2) prohibits using aircraft (including drones) to hunt wildlife or deploy fishing bait. Texas Parks & Wildlife clarified in December 2025 that drone bait delivery is prohibited under this federal rule. Exception: feral hogs may be located at night for lethal control with TPWD permit.
Shooting Down Aircraft (Federal Felony)
18 U.S.C. § 32 makes it a federal felony to shoot at an aircraft
Shooting down a drone is a federal offense punishable by up to 20 years in prison. Texas state law adds criminal mischief, deadly conduct, and unlawful discharge exposure. Self-help is not a legal remedy for trespassing drones; report to local police and FAA UAS hotline instead.
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 at major Texas airports. Authorization typically available through apps (DJI Fly, Aloft, AirHub) with near-real-time approval at low altitudes. Manual coordination available for higher-altitude requests.
Major Airports
DFW — Dallas/Fort Worth InternationalIAH — George Bush Intercontinental (Houston)HOU — William P. Hobby (Houston)AUS — Austin-BergstromSAT — San Antonio InternationalDYS — Dallas Love FieldSSF — Stinson Municipal (San Antonio)
TFR Notice
Temporary Flight Restrictions (TFRs) active around major sporting events. Federal stadium TFRs under 14 CFR § 99.7 apply to MLB, NFL, NCAA Division I football, and major motor-sport events at 30,000+ seat venues. State law (Tex. Gov. Code § 423.0046) adds parallel criminal offense. Texas Capitol Complex in Austin is a designated drone-restricted area under state security order. 2026 FIFA World Cup will establish additional temporary no-drone zones around stadiums and venues.
Recent Enforcement Actions & News
DPS Reminds Drone Operators to Follow FAA Restrictions Ahead of 2026 FIFA World Cup
regulatory changeTexas Department of Public Safety issued reminder that drone operators must comply with all FAA restrictions and temporary flight restrictions (TFRs) during FIFA World Cup 2026 events.
FAA Establishes 'No Drone Zones' for FIFA World Cup 2026 Stadiums, Fan Events and Base Camps
regulatory changeFAA established designated no-drone zones around FIFA World Cup 2026 stadiums, fan zones, and base camps across the United States, including Texas host cities.
SB 1197 Signed by Governor—Operation of Unmanned Aircraft Over Spaceport
legislationSenate Bill 1197 signed into law, creating criminal offense for operating unmanned aircraft over spaceports without authorization. Effective September 1, 2025.
SB 2569 Signed by Governor—Law Enforcement UAS Reporting Requirement
legislationSenate Bill 2569 signed into law, establishing reporting requirements for law enforcement agencies regarding their use or operation of unmanned aircraft. Effective immediately.
Fifth Circuit Upholds Texas Drone Law in National Press Photographers Association v. McCraw
enforcementU.S. Court of Appeals for the Fifth Circuit reversed 2022 federal district court ruling and upheld Texas Government Code Chapter 423 in full, including surveillance-image, no-fly-over-critical-infrastructure, sports-venue, and correctional-facility provisions. 90 F.4th 770 (5th Cir. 2024).
FAA Launches DETER Program—Fast-Track Enforcement for Drone Violations
enforcementFAA launches DETER (Detect and Enforce Unlawful UAS Operations) program offering faster penalty resolution for first-time drone violations, including options for reduced fines in exchange for waiving appeal rights.
Pending Legislation
HB 3662Placed on General State Calendar (not yet voted on chamber floor)Relating to the operation of an unmanned aircraft over a primary or secondary school instructional facility; creating a criminal offense
Would prohibit operation of unmanned aircraft over a primary or secondary school instructional facility, creating a criminal offense.
Last action: May 13, 2025
HB 676Left pending in committeeRelating to the use of an unmanned aircraft to locate and retrieve wounded or killed wildlife
Would permit the use of unmanned aircraft to locate and retrieve wounded or killed wildlife, establishing carve-outs from wildlife harassment restrictions.
Last action: March 21, 2025
HB 646Referred to Culture, Recreation & TourismRelating to the use of an unmanned aircraft to locate and retrieve wounded or killed wildlife
Would allow use of drones to locate and retrieve wounded or killed wildlife, similar to HB 676.
Last action: March 4, 2025
HB 2916Referred to Judiciary & Civil JurisprudenceRelating to criminal and civil liability for disabling, damaging, or destroying an unmanned aircraft
Would establish criminal and civil liability for disabling, damaging, or destroying a drone, addressing the gap where shooting down a drone is a federal offense but state-level liability is unclear.
Last action: March 19, 2025
HB 4436Referred to State AffairsRelating to certain images captured by an unmanned aircraft for purposes of news-gathering
Would establish exceptions or modified restrictions for images captured by drones used for news-gathering and journalistic purposes, likely responding to First Amendment concerns raised in NPPA v. McCraw litigation.
Last action: April 2, 2025
SB 3010Referred to State AffairsRelating to certain images captured by an unmanned aircraft for purposes of news-gathering
Senate companion to HB 4436. Would establish exceptions for news-gathering drone operations.
Last action: April 7, 2025
HB 1236Referred to Delivery of Government EfficiencyRelating to a study on electric unmanned aircraft capable of or designed for vertical take-off and landing and the facilities needed to develop that technology in this state
Would authorize a study on electric vertical take-off and landing (eVTOL) aircraft and the facilities needed to develop and test this advanced air mobility technology in Texas.
Last action: March 10, 2025
HB 3134Referred to TransportationRelating to advanced air mobility
Would establish framework and regulations for advanced air mobility (AAM) operations, including drone delivery, air taxi, and eVTOL aircraft.
Last action: May 13, 2025
SB 1507Referred to TransportationRelating to advanced air mobility
Senate companion to HB 3134. Would establish framework for advanced air mobility operations.
Last action: March 6, 2025
HB 4867Committee report sent to CalendarsRelating to the management of wildlife and exotic animals from aircraft; creating a criminal offense
Would create criminal offense for management of wildlife or exotic animals from aircraft (including drones), with potential carve-outs for authorized wildlife management operations.
Last action: April 23, 2025
HB 1285Referred to Senate Natural ResourcesRelating to inspections and examinations by the Railroad Commission of Texas of certain sites and facilities conducted using unmanned aircraft
Would permit Railroad Commission to conduct inspections and examinations of oil and gas sites using unmanned aircraft, codifying administrative authority.
Last action: May 20, 2025
HB 2521Referred to TransportationRelating to the regulation of vertiports
Would establish state regulation framework for vertiports (ground infrastructure for electric vertical take-off and landing aircraft), supporting advanced air mobility industry.
Last action: March 17, 2025
HB 41Considered in CalendarsRelating to the acquisition or use of certain foreign equipment or services by a governmental entity
Would restrict acquisition of foreign-origin drones and related equipment by governmental entities, citing national security concerns. Has drone/UAS implications for government operations.
Last action: May 9, 2025
HB 470Left pending in committeeRelating to the responsibility for providing law enforcement and public safety services in the Capitol Complex
Would clarify law enforcement authority over Capitol Complex security, including drone restrictions and enforcement.
Last action: March 12, 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 TFR during games. Texas state privacy law (Tex. Gov. Code § 423) applies to all drone operations. Restrictions: Requires approval from Office of Environmental Health & Safety before any flight. Stadium TFR during Longhorn football events. No flights over buildings, crowds, or parking areas without specific authorization. | 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 (home of Texas A&M football) is subject to federal stadium TFR during games. The university has an active UAS research program. Restrictions: Division of Research Safety approval required before any campus flight. Kyle Field TFR during athletic events. No flights over campus buildings or crowds without authorization. | 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 federal TFR during athletic events. Restrictions: Campus police and risk management coordination required. Stadium TFR during events. No flights over buildings or during large gatherings without authorization. | 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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