Drones

Texas and Federal Law

Below you will find references to areas of the Texas statutes and federal law that govern unmanned aircrafts, otherwise known as drones. If you find these statutes difficult to understand, you may want to look at the “plain English” resources on this page or speak to an attorney.

Texas Law

Section 21.15 of the Texas Penal Code
State law that outlines the criminal offense of invasive visual recording.
Texas Government Code, Chapter 423
State law that governs when it is lawful to capture an image using an unmanned aircraft. Also known as the Texas Privacy Act.

Drones are also regulated by Texas municipalities. Be sure to also check your local code of ordinances to see if any additional laws exist. See our Municipal Laws and Ordinances page for assistance locating your local laws.

State Regulations

Texas Administrative Code, Title 31, Part 2, Chapter 65, Subchapter F, Rule 65.152
Regulations from the Texas Parks & Wildlife Department on the use of drones to hunt, drive, capture, take, count or photograph wildlife.
Texas Administrative Code, Title 37, Part 1, Chapter 8, Subchapter B
Regulations from the Texas Department of Public Safety prohibiting the use of drones over the Capitol Complex in Austin without authorization.

Federal Regulations

Code of Federal Regulations, Title 14, Part 107
Federal regulations created by the Federal Aviation Administration for the operation of small unmanned aircraft systems.

Understanding the Law

FAA - Unmanned Aircraft Systems
Information on drones from the Federal Aviation Administration. Here, you can register your drone, petition for an exemption and find federal rules and regulations.
Texas Drone Regulations
Created by the Texas Film Commission, a listing of both state and federal regulations to consider when flying a drone for film and TV productions
Know Before You Fly
This website is an education campaign founded by the Association for Unmanned Vehicle Systems International and the Academy of Model Aeronautics, in partnership with the Federal Aviation Administration to educate prospective users about the safe and responsible operation of unmanned aircraft systems.
Drones & Privacy: Potential Common Law Claims
Part one of the series from the Texas A&M Agrilife Extension that discusses the two potential common law claims when it come to drones: trespass and nuisance.
Drones & Privacy: Texas Privacy Act
Part two of the series from the Texas A&M Agrilife Extension that discusses the Texas Privacy Act.
The UAS (“Drone”) Rules Are Here
A 2016 post by the Texas Agrilife Extension discussing the FAA's regulations on unmanned aircrafts.
What to Do When Your Neighbor Has a Drone
An article from self-help publisher NOLO Press discussing whether a neighbor can fly over your property with a drone.

News on Drones

News articles discussing both state and federal laws on drones.

Federal Court Strikes Down Texas Drone Law
An April 2022 blog post from the Texas A&M AgriLife Extension explaining the outcome of the federal lawsuit that challenged Texas' "Use of Unmanned Aircraft" statute.
Lawsuit Challenges Texas Drone Law
An October 2019 blog post from the Texas A&M AgriLife Extension discussing the recently filed federal lawsuit challenging Texas' “Use of Unmanned Aircraft” statute.
You May Be Powerless to Stop a Drone From Hovering Over Your Own Yard
A 2016 article from the Washington Post discussing the ability of drones to fly over private property, which appears to still be a bit of a gray area.
The Texas Privacy Act: Tall Enough Fences to Keep out Nosy Drones?
A 2014 article from the Texas Municipal Courts Education Center that further analyzes the Texas Privacy Act.
Texas’s Drone Law Is Pretty Much The Opposite Of Every Other State’s Drone Law
A 2013 article from Texas Monthly discussing Texas "radical" law on drones.

Texas State
Law Library

Recording Laws