Is Texas’ drone law enough to protect the public?

Concerns over mysterious drone activity along the East Coast and even here in north texas should urge state lawmakers to review the current statute governing the use of unmanned aircraft in the Lone Star State.

Given the proliferation of drone use in recent years, including by hobbyists, it may be time to toughen penalties for violations of Texas’ 11-year-old law designed to protect the privacy of property owners.

The Texas Privacy Act of 2013 provides for severe civil penalties for the unauthorized use of a drone to spy on private property without the owner’s consent. But the criminal penalty in most cases is only a Class C misdemeanor, punishable by a fine of up to $500. It’s the same with disorderly conduct or public intoxication.

The intent of the law was to “address concerns that ordinary Texans could use drones to spy on private property,” according to a November 2024 article on state drone restrictions by law firm Baker Botts LLP.

It specifically prohibits the use of drones to “capture” an image of a person or property with the intent of “surveillance,” according to the statute. Some users, under certain circumstances, are exempt, such as law enforcement, utility operators and licensed real estate brokers, for example.

But if it’s not allowed, offenders can face civil damages of up to $5,000 for drone footage captured “in a single episode,” or up to $10,000 per image that’s shared. There are huge penalties that seem to deter if a victim is willing to file a lawsuit.

But the corresponding criminal penalty seems light in comparison. Violators face a Class C misdemeanor, punishable by a fine of up to $500. If those images are displayed or distributed, the penalty is a Class B misdemeanor. It carries a penalty of up to six months in jail and a $2,000 fine.

By comparison, the crime of invasive video recording in Texas is a state jail felony punishable by up to two years in prison and a $10,000 fine. Lawmakers should consider how many criminal cases have been filed since the state’s drone statute began and whether it’s time to impose tougher penalties.

The National Association of Press Photographers and the Texas Press Association challenged the constitutionality of the drone law in 2019. A federal judge in 2022 ruled that it violated the First Amendment, but that ruling it was reversed in October 2023 by the 5th US Circuit Court of Appeals. In October 2024, the Supreme Court declined to review the case.

The drone market is exploding, with over 1 million aircraft registered with the Federal Aviation Administration. The many uses of this ever-evolving technology are admirable, aiding in everything from border control to search and rescue missions. But for those who would use drones to invade the privacy of others, the penalties for violating the state’s drone law should serve as a deterrent. The Texas Legislature should review the current statute to ensure they do.

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