Relating to the operation of an unmanned aircraft over a spaceport; creating a criminal offense.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Local Law Enforcement Agencies • Texas Department of Public Safety • County and District Attorneys
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (No grace period or phase-in).
Agency Rulemaking: No state agency rulemaking is mandated; however, operators must monitor FAA charts and Texas Chapter 507 designations to identify protected "spaceport" boundaries, as these definitions are dynamic.
Immediate Action Plan
1.Map the Assets: Immediately identify all Texas facilities designated as spaceports or Chapter 507 development zones (including McGregor, Brownsville, Midland, and Houston sites).
2.Update Geofencing: Do not rely solely on default DJI/manufacturer geofencing; manually update flight planning software to buffer these identified zones.
3.Draft the Form: Create a written authorization template for pilots to present to spaceport operators if business needs require entry.
4.Audit Insurance: Verify that your aviation liability policy covers defense costs for criminal charges related to inadvertent airspace violations.
Operational Changes Required
Contracts
Vendor Agreements: Amend Master Service Agreements (MSAs) with third-party drone service providers to include specific indemnification for criminal acts and violations of SB1197.
Client Deliverables: Insert "Regulatory Force Majeure" clauses into client contracts. If a client requests footage requiring flight over a spaceport, the contract must explicitly state that performance is contingent upon securing written facility authorization.
Hiring/Training
Pilot Training: Update Flight Operations Manuals to include a mandatory pre-flight check for "Spaceport" designations, distinct from standard FAA restricted airspace.
Definition Training: Train pilots that "interference" is broadly defined; hovering near perimeter fences or testing equipment can trigger arrest even without physical contact.
Reporting & Record-Keeping
Authorization Protocols: Develop a standardized "Spaceport Overflight Authorization Form." Verbal consent is insufficient for a legal defense.
Retention: Retain all authorization records for a minimum of two years (aligning with the misdemeanor statute of limitations) to serve as an affirmative defense against potential prosecution.
Fees & Costs
Direct Costs: No new state fees or taxes.
Indirect Costs: Potential increase in insurance premiums if coverage requires riders for operations near critical infrastructure. Review CGL and Aviation policies for "criminal act" exclusions.
Strategic Ambiguities & Considerations
"Testing" Facilities: The definition of "spaceport" includes facilities used for *testing* spacecraft. These sites (e.g., engine test stands in industrial parks) are not always visually obvious or marked on standard consumer drone maps.
"Interference" Interpretation: The statute criminalizes conduct that "interferes with spaceport operations" without defining the term. Law enforcement has broad discretion to interpret mere presence or noise as interference.
Vertical Jurisdiction: The statute prohibits operation "over" a spaceport but does not define the vertical ceiling. While the FAA controls navigable airspace, operators should treat the immediate airspace as a state-enforced no-fly zone to avoid testing jurisdictional limits in criminal court.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
Current law prohibits the operation of unmanned aircraft over military installations and airports, but that prohibition does not apply to the air space above spaceports. This legislation seeks to remedy this situation by prohibiting the operation of unmanned aircraft over spaceports. The bill would create a Class B misdemeanor offense for certain instances of operating an unmanned aircraft over an airport or military installation and would increase the penalty to a Class A misdemeanor in the case of a previous conviction. The language mirrors the existing law for military and airports, closing a gap that leaves spaceports vulnerable.
Military installations, airports, and spaceports report instances of suspicious activity of unidentified unmanned aircrafts flying in or around their airspace, posing potential national security threats and air traffic safety hazards.
As proposed, S.B. 1197 amends current law relating to the operation of an unmanned aircraft over a spaceport and creates a criminal offense.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Section 42.15, Penal Code, to read as follows:
Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT, MILITARY INSTALLATION, OR SPACEPORT.
SECTION 2. Amends Section 42.15(a), Penal Code, by adding Subdivision (3) to define "spaceport."
SECTION 3. Amends Sections 42.15(b) and (c), Penal Code, as follows:
(b) Provides that a person commits an offense if the person intentionally or knowingly:
(1) operates an unmanned aircraft over an airport, military installation, or spaceport; or
(2)-(8) makes conforming changes to these subdivisions.
SECTION 4. Makes application of this Act prospective.
Honorable Kelly Hancock, Chair, Senate Committee on Veteran Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1197 by Birdwell (Relating to the operation of an unmanned aircraft over a spaceport; creating a criminal offense.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would add a spaceport to the list of venues in which it is an offense to operate an unmanned aircraft.
It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council
LBB Staff:
JMc, KDw, DGI, MGol
Related Legislation
Explore more bills from this author and on related topics
Effective September 1, 2025, Texas law classifies unauthorized unmanned aircraft (drone) operations over spaceports as a Class B Misdemeanor. This legislation expands critical infrastructure protections to include both launch and testing facilities, creating immediate criminal liability for commercial operators, media, and surveyors who fail to obtain and document prior authorization. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (No grace period or phase-in).
Q
Who authored SB1197?
SB1197 was authored by Texas Senator Brian Birdwell during the Regular Session.
Q
When was SB1197 signed into law?
SB1197 was signed into law by Governor Greg Abbott on May 19, 2025.
Q
Which agencies enforce SB1197?
SB1197 is enforced by Local Law Enforcement Agencies, Texas Department of Public Safety and County and District Attorneys.
Q
How urgent is compliance with SB1197?
The compliance urgency for SB1197 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1197?
The cost impact of SB1197 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB1197 address?
SB1197 addresses topics including aeronautics, crimes, crimes--against property, crimes--miscellaneous and criminal procedure.
Legislative data provided by LegiScanLast updated: November 25, 2025
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