Attack of the DronesIllegal Use of Unmanned Aircraft in Texas

Robby ChapmanProgram Director, TMCEC2014 Prosecutor’s Seminar

Learning Objectives

(1) Identify federal regulations governing the operation of unmanned aircraft

(2) Describe the new criminal offenses and civil action created by the Texas Privacy Act

(3) Distinguish between the lawful and unlawful use of unmanned aircraft in Texas under Chapter 423 of the Government Code

(4) Explain the implications of Chapter 423 for law enforcement agencies who use unmanned aircraft

Outline

I. What are Drones?II. Federal RegulationsIII. Texas Privacy ActIV. Criminal OffensesV. A Civil ActionVI. Image NondisclosureVII. The Many Lawful UsesVIII. DPS Rules and GuidelinesIX. Reporting RequirementsX. Legal Issues

What are drones?

A drone by many names

Big Ones in the Headlines

Small Ones With Names Like VTOL SUAS

Slightly Creepy Ones

Who Uses Drones?

US Customs and Border Patrol

10 drones monitoring the US-Mexican border

In 2011, contributed to seizure of more than 7,600 pounds of narcotics and the apprehension of 75 individuals involved in illicit activities

Law Enforcement

Map of agencies that have either applied for FAA drone authorization or borrowed a US Customs and Border Patrol drone for missions. Compiled by the Electronic Frontier Foundation through 2013. Interactive map found at http://www.governing.com/gov-data/safety-justice/drones-state-local-law-enforcement-agencies-license-list.html

Private Industry

A real beer drone

Not a real beer drone

Private Citizens

Aerial photography Model aircraft hobbyists Real Estate Brokers Technology enthusiasts

Privacy and Safety Issues

Federal Regulation

The Federal Aviation Administration (FAA) regulates flight in the National Airspace

FAA regulation extends from the ground upwards49 U.S.C. § 40103(b)(2)

This includes all civil aircraft49 U.S.C. § 44701

Broad aircraft definition49 U.S.C. § 40102 (a)(6)

FAA

Per the FAA, operation of an unmanned aircraft requires specific authority from the FAA:

Government: Certificate of Waiver or Authorization

Civil/Commercial: Special Airworthiness Certificate

Model Aircraft: Advisory Circular (AC) 91-57 (1981)FAA Modernization and Reform Act (2012)

Unmanned Aircraft Under FAA Rules

Certificate of Waiver or Authorization Government Political Subdivision Law Enforcement

Special Airworthiness Certificate Civil Operators

Experimental (research and development)

Special Flight Permit (flight testing, new production)

FAA Order 8130.34 http://www.faa.gov/documentLibrary/media/Order/8130.34B.pdf

Advisory Circular 91-57

Appears to cover everyoneelse (model aircraft, hobby,recreational use)

Does not include commercialuse

400 foot ceiling

Encourages voluntary compliance

FAA Modernization and Reform Act of 2012

Defines unmanned aircraft

“term unmanned aircraft means an aircraft that is operatedwithout the possibility of direct human intervention fromwithin or on the aircraft”

Defines model aircraft

“term means an unmanned aircraft that is capable ofsustained flight in the atmosphere, flown within visual line of sight of person operating the aircraft, and flown for hobby or recreational purposes”

FAA Modernization and Reform Act of 2012 Special Rule for Model Aircraft

Notwithstanding another provision, FAA may not promulgate any rule or regulation regarding a model aircraft if:

(1) It is flown strictly for hobby or recreational use(2) Operated in accordance with a community based set of

safety guidelines(3) Limited to not more than 55 pounds(4) Does not interfere and gives way to manned aircraft(5) Prior notice and procedures if flying within 5 miles of airport

FAA Modernization and Reform Act of 2012 Comprehensive Plan

Due September 30, 2015

Safe integration of all civil unmanned aircraft into the national airspace

Including standards and requirements for operation of civil unmanned aircraft

“Up in the Air”

Texas Privacy Act

H.B. 912

State Rep. Lance Gooden, R- Terrell, the bill’s author

Intended the legislation to prevent indiscriminate surveillance and protect privacy

The Texas Tribune, February 4, 2013,http://www.texastribune.org/2013/02/04/lege-could-ban-drone-surveillance-private-property/

Texas Privacy Act in a Nutshell for Prosecutors and City Attorneys Effective September 1, 2013

Makes taking images with intent to conduct surveillance using unmanned aircraft a misdemeanor

Orders reporting requirements and guidelines for law enforcement agencies using unmanned aircraft

Lists instances where it is lawful to capture an image with an unmanned aircraft

Non-disclosure and Open Records Ramifications

Chapter 423

Govt. Code

Definitions

Civil Action

Offense: Use to

Capture

Offense:Disclose, Display,

Distribute, Use

Images Not

Subject to Disclosure

Not Applicable

Rules: Law Enforcement

Reporting: Law

Enforcement

What is Illegal Under the Act?

Offense: Illegal Use of Unmanned Aircraft to Capture Image. Sec. 423.003

(1) A person commits an offense if the person uses an unmanned aircraft

(2) To capture an image of an individual or privately owned real property

(3) With the intent to conduct surveillance on the individual or property captured in the image

Sec. 423.003(a)

Culpable Mental State

“A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result “

Sec. 6.03, Penal Code

What is an image?

”Image” means any capturing of sound waves, thermal,infrared, ultraviolet, visible light, or other electromagneticwaves, odor, or other conditions existing on or about realproperty in this state or an individual located on that property.

Sec. 423.001

Photo from a custom built remote helicopter equipped with camera

Photo from a Draganflyer X6 UAV

Screenshot of Real Time Video from a Microdrone

Thermal image from commercially available TAU 640 FLIR Camera Mounted on a UAV

What is an unmanned aircraft?

No definition in Chapter 423

No distinction between models,line of sight, or size

“Aircraft” defined in Parks and Wildlife Code

What is surveillance?

No definition in Chapter 423

Black’s Law: “close observation or listening of a person or place in the hope of gathering evidence”

Defense to Capturing Image

It is a defense to prosecution that the person destroyed the image:

(1) As soon as the person had knowledge that the image was captured in violation of this section; and

(2) Without disclosing, displaying, or distributing the image to a third party

Sec. 423.003(c)

Offense: Possession, Disclosure, Display, Distribution, or Use of Image. Sec. 423.004.

(1) A person commits an offense if the person captures an image in violation of Section 423.003; and

(2) Possesses, discloses, displays, distributes, or otherwise uses that image

Sec. 423.004(a)

Defense to Possession

It is a defense to prosecution for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

Sec. 423.004(d)

Defense to Disclosure, Display, Distribution, or Other Use

It is a defense to prosecution for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

Sec. 423.004(e)

Capturing and Possessing an Image:

Class C Misdemeanor

But Disclosure, Display, Distribution, or Other Use of the image:

Class B Misdemeanor

New Misdemeanor Offenses

Offense Penalty Defense

Capture image with intent to conduct surveillance

Class C $500 Destroyed image without disclosing, displaying, or distributing

Capture image with intent to conduct surveillance and possess image

Class C $500 Destroyed image

Capture image with intent to conduct surveillance and disclose, display, distribute, or other use

Class B $2000180 Jail

Stopped disclosing, displaying, distributing, or using

A Civil Action

Sec. 423.006

(1) An owner or tenant of privately owned real property

(2) May bring against a person, who in violation of Section 423.003, captured an image of the property or the owner or tenant while on the property

(3) An action to enjoin a violation or imminent violation of Section 423.003 or 423.004

May recover Civil Penalty and Costs:

$5,000 for all images captured in a single episode violating Section 423.003

$10,000 for any Images captured in a single Episode violating Section 423.004

Court Costs and reasonable attorney’s fees to the prevailingparty

May recover Actual Damages:

If the person who captured the image in violation of Section 423.003 discloses, displays, or distributes the image with malice

"Malice" means a specific intent by the defendant to cause substantial injury or harm to the claimant.

Civil Action Recovery

CivilPenalty

ActualDamages

Attorney’s Fees

Capture image with intent conduct surveillance

$5,000 No Yes

Captures and discloses, displays, distributes, or uses image

$10,000 Yes, if discloses, displays, or distributes with malice

Yes

Image Nondisclosure

Sec. 423.005: Illegally or Incidentally Captured Images Not Subject to Disclosure

May not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding

Not subject to disclosure, inspection, or copying under Chapter 552

Not subject to discovery, subpoena, or other means of legal compulsion

But may be used to prove the Chapter 423 violation!

May be disclosed and used as evidence to prove a violation of Chapter 423

Subject to discovery, subpoena, and other means of legal compulsion

Sec. 423.005(b)

What is Lawful Under the Act?

Sec. 423.002: Nonapplicability

The Texas Privacy Act includes 19 instances where the Act’s prohibitions are not applicable

It is lawful to capture an image using an unmanned aircraft in each of these instances and their subsections

The Act does not apply to manufacture, assembly, distribution, or sale of an unmanned aircraft

Lawful to Capture an Image

Institute of Higher Education

FAA

Military

Law Enforcement

(1) Felony ImmediatePursuit

(2) Felony Crime Scene(3) Death Scene(4) Vehicle Accident(5) Missing Person(6) High Risk Operation(7) Private Property

Open to Public WithConsent

(8) Scene of Catastrophe(9) State of Emergency

Satellite Mapping

Utilities and Pipelines

Valid Warrant

Real Estate Broker

Safety

(1) Scene of a Spill(2) Fire Suppression(3) Rescue Person in

imminent danger(4) Port Authority

Surveillance/Security(5) Oil Rig and Pipe Safety(6) Routine air quality as

provided by law

25 miles of US Border

Consent or Public Property

8 Feet and Not Amplified

Institute of Higher Education

For purposes of purposes of professional or scholarly research and development

Professor, employee, student, or on behalf of the institution

Sec. 61.003, Education Code

Law Enforcement

Felony immediate pursuit or crime scene

Any motor vehicle accident on state or federal highway

Pursuant to valid search or arrest warrant

Electric or Natural Gas Utility

Operations, maintenance, inspection of facilities

Routing and siting facilities

Assessing vegetation growth for purposes of maintaining utility easements

Oil, Gas, Water, Other Pipelines

Captured by the owner or operator

Inspecting, maintaining, repairing pipelines or related facilities

Captured without intent to conduct surveillance

Real Estate Broker

But provided that no individual is identifiable in the image

Eight Foot Rule

Image captured from no more than 8 feet above ground

Public Place

Without using electronic, mechanical, or other means to amplify image beyond normal human perception

Public Real Property or a Person on that Property

DPS Rules and Guidelines

Sec. 423.007: DPS shall adopt rules for use of an unmanned aircraft by law enforcement

Public Safety Commission MeetingFebruary 13, 2014, 9:00 am

Find the audio here: http://www.txdps.state.tx.us/calendar/index.htm

37 TAC 1.143

Rules and Guidelines

Each law enforcement authority in Texas that uses unmanned aircraft shall comply with the Federal Aviation Administration minimum requirements as contained in the Memorandum of Understanding Between Federal Aviation Administration, Unmanned Aircraft Systems Integration Office, and the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice Concerning Operation of Unmanned Aircraft Systems by Law Enforcement Agencies.

The memorandum and attachments may be viewed at: http://www.txdps.state.tx.us/Director_Staff/MOU/MOU.pdf

Memo of Understanding

Pages 5 – 11 outline requirements and procedures for Law Enforcement Agencies

Again, find it here: http://www.txdps.state.tx.us/Director_Staff/MOU/MOU.pdf

Reporting by Law Enforcement

Sec. 423.008: Applicability

(1) Law enforcement agency located in a county or municipality with a population greater than 150,000

(2) That used or operated an unmanned aircraft during the preceding 24 months

Sec. 423.008: Report Requirements

Shall issue a written report to the governor, lieutenant governor, and each member of the legislature between Jan 1 and Jan 15 each odd numbered year

Shall retain the report for public viewing and post on the agency’s website

Must include number of times used a drone, type of information collected, dates and locations of operations (and more)

Did you see the memo?

What are the legal Issues?

Prosecutor’s Dilemma #1You are prosecuting an Assault-Family Violence case between a husband and wife. They are in the process of a divorce and are discussing this in defendant’s backyard. The victim’s new boyfriend secretly uses an AR Parrot Drone he bought at Bed Bath and Beyond to routinely follow defendant. Silently hovering at 50 feet above the incident, it captures images of the assault.

(1) Is this lawful use of a drone under the Texas Privacy Act?

(2) If new boyfriend posts images of the assault on Youtubeand Facebook, what level offense could he be charged with?

New boyfriend’s drone also records victim and defendant during a child exchange in front of the police station.

(1) Is this lawful use of a drone under the Texas Privacy Act?

Prosecutor’s Dilemma #2An officer notices new boyfriend operating the drone over defendant’s backyard. Officer realizes what new boyfriend is doing and issues him a citation. New boyfriend decides to fight the citation. He tells you at the pre-trial conference that he did it, but you can’t prove it. He asks for trial. New boyfriend then thinks better of it and makes a written request for discovery prior to trial.

(1) Are the images discoverable?(2) Can you use the images as evidence at trial?

A family law attorney representing the victim in civil proceedings contacts you. The attorney wants the images.

(1) Can the images be turned over pursuant to an Open Records request?

(2) Could the attorney obtain the images through subpoena?

Prosecutor’s Dilemma #3A local journalist is investigating an alleged drug dealer. Unfortunately, the dealer’s house and yard are surrounded by an 8 foot fence. The journalist decides to use a drone to investigate. The drone hovers at 500 feet and watches the house. The drone takes images of a fully functional meth lab.

(1) Is this lawful use of a drone under the Texas Privacy Act?

(2) What, if anything, could the journalist be charged with under the Texas Privacy Act?

(3) What if the drone was operated by law enforcement instead of the journalist?

(4) Would the answer be different if a helicopter was used instead of a drone?

Prosecutor’s Dilemma #4Your officers responded to a vehicle accident. A drone was used for the purpose of investigating the scene of the accident. The driver is later cited for Fail to Yield ROW based on other evidence.

(1) Is this lawful use of a drone to capture images under the Texas Privacy Act?

(2) The defendant fights the citation in Municipal Court. Defendant saw the drone at the scene and makes a written request for discovery at your pre-trial conference. Is the image discoverable?

(3) The image clearly shows evidence that defendant failed to yield. Can the image be used as evidence at trial?

(4) In the background of the image, a local juvenile is seen clearly violating the city’s curfew. Can the image be used as evidence against him in a court proceeding?

A few more to ponder:

PreemptionFirst AmendmentFourth AmendmentImproper photographyBurden of Proof

*Artist Bert Jansen’s “Orvillecopter” drone made from his taxidermied cat, Orville.

Questions?

Unlawfully Capture an Image Using Unmanned Aircraft Under the Texas Privacy Act

Offense Penalty Defense

Capture image with intent

to conduct surveillance

Class C $500 Destroyed image without

disclosing, displaying, or

distributing

Capture image with intent

to conduct surveillance

and possess image

Class C $500 Destroyed image

Capture image with intent

to conduct surveillance

and disclose, display,

distribute, or other use

Class B $2000

180 Jail

Stopped disclosing,

displaying, distributing, or

using

Lawfully Capture an Image Using Unmanned Aircraft Under the Texas Privacy Act

The Texas Privacy Act

Sec. 423.001. DEFINITION.

In this chapter, "image" means any capturing of sound

waves, thermal, infrared, ultraviolet, visible light, or other

electromagnetic waves, odor, or other conditions existing on or

about real property in this state or an individual located on

that property.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec.

2, eff. September 1, 2013.

Sec. 423.002. NONAPPLICABILITY.

(a) It is lawful to capture an image using an unmanned

aircraft in this state:

(1) for purposes of professional or scholarly

research and development by a person acting on behalf of an

institution of higher education, as defined by Section 61.003,

Education Code, including a person who:

(A) is a professor, employee, or student of the

institution; or

(B) is under contract with or otherwise acting

under the direction or on behalf of the institution;

(2) in airspace designated as a test site or range

authorized by the Federal Aviation Administration for the

purpose of integrating unmanned aircraft systems into the

national airspace;

(3) as part of an operation, exercise, or mission of

any branch of the United States military;

(4) if the image is captured by a satellite for the

purposes of mapping;

(5) if the image is captured by or for an electric or

natural gas utility:

The Texas Privacy Act

(A) for operations and maintenance of utility

facilities for the purpose of maintaining utility system

reliability and integrity;

(B) for inspecting utility facilities to

determine repair, maintenance, or replacement needs during and

after construction of such facilities;

(C) for assessing vegetation growth for the

purpose of maintaining clearances on utility easements; and

(D) for utility facility routing and siting for

the purpose of providing utility service;

(6) with the consent of the individual who owns or

lawfully occupies the real property captured in the image;

(7) pursuant to a valid search or arrest warrant;

(8) if the image is captured by a law enforcement

authority or a person who is under contract with or otherwise

acting under the direction or on behalf of a law enforcement

authority:

(A) in immediate pursuit of a person law

enforcement officers have reasonable suspicion or probable cause

to suspect has committed an offense, not including misdemeanors

or offenses punishable by a fine only;

(B) for the purpose of documenting a crime scene

where an offense, not including misdemeanors or offenses

punishable by a fine only, has been committed;

(C) for the purpose of investigating the scene

of:

(i) a human fatality;

(ii) a motor vehicle accident causing death

or serious bodily injury to a person; or

(iii) any motor vehicle accident on a state

highway or federal interstate or highway;

(D) in connection with the search for a missing

person;

(E) for the purpose of conducting a high-risk

tactical operation that poses a threat to human life; or

The Texas Privacy Act

(F) of private property that is generally open

to the public where the property owner consents to law

enforcement public safety responsibilities;

(9) if the image is captured by state or local law

enforcement authorities, or a person who is under contract with

or otherwise acting under the direction or on behalf of state

authorities, for the purpose of:

(A) surveying the scene of a catastrophe or

other damage to determine whether a state of emergency should be

declared;

(B) preserving public safety, protecting

property, or surveying damage or contamination during a lawfully

declared state of emergency; or

(C) conducting routine air quality sampling and

monitoring, as provided by state or local law;

(10) at the scene of a spill, or a suspected spill,

of hazardous materials;

(11) for the purpose of fire suppression;

(12) for the purpose of rescuing a person whose life

or well-being is in imminent danger;

(13) if the image is captured by a Texas licensed

real estate broker in connection with the marketing, sale, or

financing of real property, provided that no individual is

identifiable in the image;

(14) of real property or a person on real property

that is within 25 miles of the United States border;

(15) from a height no more than eight feet above

ground level in a public place, if the image was captured

without using any electronic, mechanical, or other means to

amplify the image beyond normal human perception;

(16) of public real property or a person on that

property;

(17) if the image is captured by the owner or

operator of an oil, gas, water, or other pipeline for the

purpose of inspecting, maintaining, or repairing pipelines or

The Texas Privacy Act

other related facilities, and is captured without the intent to

conduct surveillance on an individual or real property located

in this state;

(18) in connection with oil pipeline safety and rig

protection; or

(19) in connection with port authority surveillance

and security.

(b) This chapter does not apply to the manufacture,

assembly, distribution, or sale of an unmanned aircraft.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec.

2, eff. September 1, 2013.

Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO

CAPTURE IMAGE.

(a) A person commits an offense if the person uses an

unmanned aircraft to capture an image of an individual or

privately owned real property in this state with the intent to

conduct surveillance on the individual or property captured in

the image.

(b) An offense under this section is a Class C

misdemeanor.

(c) It is a defense to prosecution under this section that

the person destroyed the image:

(1) as soon as the person had knowledge that the

image was captured in violation of this section; and

(2) without disclosing, displaying, or distributing

the image to a third party.

(d) In this section, "intent" has the meaning assigned by

Section 6.03, Penal Code.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec.

2, eff. September 1, 2013.

The Texas Privacy Act

Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY,

DISTRIBUTION, OR USE OF IMAGE.

(a) A person commits an offense if the person:

(1) captures an image in violation of Section

423.003; and

(2) possesses, discloses, displays, distributes, or

otherwise uses that image.

(b) An offense under this section for the possession of an

image is a Class C misdemeanor. An offense under this section

for the disclosure, display, distribution, or other use of an

image is a Class B misdemeanor.

(c) Each image a person possesses, discloses, displays,

distributes, or otherwise uses in violation of this section is a

separate offense.

(d) It is a defense to prosecution under this section for

the possession of an image that the person destroyed the image

as soon as the person had knowledge that the image was captured

in violation of Section 423.003.

(e) It is a defense to prosecution under this section for

the disclosure, display, distribution, or other use of an image

that the person stopped disclosing, displaying, distributing, or

otherwise using the image as soon as the person had knowledge

that the image was captured in violation of Section 423.003.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec.

2, eff. September 1, 2013.

Sec. 423.005. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES

NOT SUBJECT TO DISCLOSURE.

(a) Except as otherwise provided by Subsection (b), an

image captured in violation of Section 423.003, or an image

captured by an unmanned aircraft that was incidental to the

lawful capturing of an image:

The Texas Privacy Act

(1) may not be used as evidence in any criminal or

juvenile proceeding, civil action, or administrative proceeding;

(2) is not subject to disclosure, inspection, or

copying under Chapter 552; and

(3) is not subject to discovery, subpoena, or other

means of legal compulsion for its release.

(b) An image described by Subsection (a) may be disclosed

and used as evidence to prove a violation of this chapter and is

subject to discovery, subpoena, or other means of legal

compulsion for that purpose.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec.

2, eff. September 1, 2013.

Sec. 423.006. CIVIL ACTION.

(a) An owner or tenant of privately owned real property

located in this state may bring against a person who, in

violation of Section 423.003, captured an image of the property

or the owner or tenant while on the property an action to:

(1) enjoin a violation or imminent violation of

Section 423.003 or 423.004;

(2) recover a civil penalty of:

(A) $5,000 for all images captured in a single

episode in violation of Section 423.003; or

(B) $10,000 for disclosure, display,

distribution, or other use of any images captured in a single

episode in violation of Section 423.004; or

(3) recover actual damages if the person who captured

the image in violation of Section 423.003 discloses, displays,

or distributes the image with malice.

(b) For purposes of recovering the civil penalty or actual

damages under Subsection (a), all owners of a parcel of real

property are considered to be a single owner and all tenants of

a parcel of real property are considered to be a single tenant.

The Texas Privacy Act

(c) In this section, "malice" has the meaning assigned by

Section 41.001, Civil Practice and Remedies Code.

(d) In addition to any civil penalties authorized under

this section, the court shall award court costs and reasonable

attorney's fees to the prevailing party.

(e) Venue for an action under this section is governed by

Chapter 15, Civil Practice and Remedies Code.

(f) An action brought under this section must be commenced

within two years from the date the image was:

(1) captured in violation of Section 423.003; or

(2) initially disclosed, displayed, distributed, or

otherwise used in violation of Section 423.004.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec.

2, eff. September 1, 2013.

Sec. 423.007. RULES FOR USE BY LAW ENFORCEMENT.

The Department of Public Safety shall adopt rules and

guidelines for use of an unmanned aircraft by a law enforcement

authority in this state.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec.

2, eff. September 1, 2013.

Sec. 423.008. REPORTING BY LAW ENFORCEMENT AGENCY.

(a) Not earlier than January 1 and not later than January

15 of each odd-numbered year, each state law enforcement agency

and each county or municipal law enforcement agency located in a

county or municipality, as applicable, with a population greater

than 150,000, that used or operated an unmanned aircraft during

the preceding 24 months shall issue a written report to the

governor, the lieutenant governor, and each member of the

legislature and shall:

(1) retain the report for public viewing; and

The Texas Privacy Act

(2) post the report on the law enforcement agency's

publicly accessible website, if one exists.

(b) The report must include:

(1) the number of times an unmanned aircraft was

used, organized by date, time, location, and the types of

incidents and types of justification for the use;

(2) the number of criminal investigations aided by

the use of an unmanned aircraft and a description of how the

unmanned aircraft aided each investigation;

(3) the number of times an unmanned aircraft was used

for a law enforcement operation other than a criminal

investigation, the dates and locations of those operations, and

a description of how the unmanned aircraft aided each operation;

(4) the type of information collected on an

individual, residence, property, or area that was not the

subject of a law enforcement operation and the frequency of the

collection of this information; and

(5) the total cost of acquiring, maintaining,

repairing, and operating or otherwise using each unmanned

aircraft for the preceding 24 months.