Texas Drone Laws: What's Legal and What's Not

Drone usage for creative purposes is becoming more common; however, Texas has laws governing what is and isn't allowed. (Photo by Jan Woitas/picture alliance via Getty Images)

You're more likely to see people fly drones instead of kites in this day and age. Drones, also known as unmanned aircraft, were first available to the public in the early 2010s. Some people fly them recreationally while others might use them for film projects.

While they are accessible and can be fun to use, Texas has regulations for this type of hardware. Before you start flying a drone over your neighbor's yard, here's what you need to know.

What are the rules for flying drones recreationally?

Per the Federal Aviation Administration, USC 44809 is the law that allows how, when, and where you can fly drones for recreational purposes. For example, the statute states that drones can fly at or below 400 feet in uncontrolled airspace.

Here are some the rules the federal law states:

• Fly only for personal enjoyment.
• Keep your drone within the visual line of sight or use a visual observer who is physically next to you and is in constant communication with you.
• Give way to and do not interfere with other aircraft.
• Fly at or below FAA-authorized altitudes in controlled airspace.

You can read more rules here.

What drone use is allowed in Texas?

According to the State of Texas's Government Code regarding use of unmanned aircrafts (Tex. Code. § 423.002), here is what is considered permissible use of drones per the Texas statute:

• For the purpose of professional or scholarly research and development or for another academic purpose by a person acting on behalf of an institution of higher education or a private or independent institution of higher education.
• 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.
• As part of an operation, exercise, or mission of any branch of the U.S. military or the Texas military forces.

What drone use is prohibited in Texas?

Drones are equipped with cameras and have a use for several industries. They can capture photos and videos, they can be used for surveillance, and assist with inspections. But the use of photography has strict laws.

Per this Texas statute (Tex. Code. § 423.003), here are the rules for capturing images via drone:

• 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 Texas with the intent to conduct surveillance on the individual or property captured in the image.
• An offense under this section is a Class C misdemeanor (a fine of up to $500 and no jail time).

There are other civil consequences to flying drones in Texas. According to the Texas Privacy Act, owners or tenants of private property may bring lawsuits to seek civil penalties and attorney’s fees from individuals who unlawfully use drones to make recordings. Per the law, they can also file an action to stop an existing violation or prevent an imminent violation.

Here's what those penalties are:

• Civil penalties of $5,000 for all materials from a single recording episode
• $10,000 for disclosure, display, distribution or other of all materials from a single recording episode apply.
• Furthermore, if it is shown that the recordings were disclosed, displayed, or distributed with malice, the owner or tenant may recover actual damages.

A drone is near my property. Can I legally shoot down a drone in Texas?

According to the FAA, it is illegal to shoot a drone or at any aircraft. Firing at any aircraft — manned or unmanned — creates a serious safety risk. If an unmanned aircraft is struck by gunfire, it could crash and cause injury or property damage on the ground, or even collide with other airborne objects. Additionally, shooting at an unmanned aircraft may lead to FAA civil penalties and/or criminal prosecution by federal, state, or local authorities.

Can someone fly a drone over my backyard in Texas?

In Texas, the Texas Privacy Act (Chapter 423 of the Government Code) prohibits using a drone to capture images of private property or individuals without their consent. While the FAA controls airspace and state law cannot restrict drones from flying at certain altitudes, Texas law can impose penalties for using a drone to conduct surveillance. Exceptions apply for authorized professionals or when images are captured with the subject’s consent.

If you or your neighbor does have a drone and want to fly it over the property, NOLO suggests discussing the matter with your neighbor first before taking any action.