Texas Penal Code - PENAL § 38.115. Operation of Unmanned Aircraft over Correctional Facility or Detention Facility

(1) “Contraband” means any item not provided by or authorized by the operator of a correctional facility or detention facility.

(2) “Correctional facility” means:

(3) “Detention facility” means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.

(1) operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;

(2) allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or

(3) allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

(1) the federal government, this state, or a governmental entity;

(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;

(3) a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;

(4) a law enforcement agency; or

(5) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.

(1) a Class A misdemeanor if the actor has previously been convicted under this section; or

(2) a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to: