FEATURED: A drone with the Texas Parks and Wildlife Department is used for search and rescue work. With the 89th Texas Legislature in the final half of its 140-day regular session, the Texas Association of Broadcasters is leading efforts to have state lawmakers restore the ability of Texas newsrooms to use drones for aerial photography in their news gathering mission, reports South Texas attorney Omar Ochoa.
Photograph Courtesy TEXAS PARKS AND WILDLIFE DEPARTMENT
••••••
News media outlets want authority from Texas Legislature to allow journalists to use aerial drones for video and photographs as part of their news gathering, reports South Texas attorney Omar Ochoa
By DAVID A. DÍAZ
[email protected]
With the 89th Texas Legislature in the final half of its 140-day regular session, the Texas Association of Broadcasters is leading efforts to have state lawmakers restore the ability of Texas newsrooms to use drones for aerial photography in their news gathering mission, reports South Texas attorney Omar Ochoa.
As it currently stands in Texas, it is generally illegal to use a drone to capture images or recordings of private property or individuals without their consent, with the intent to conduct surveillance, according to an Artificial Intelligence explanation. This is a Class C misdemeanor, punishable by a fine of up to $500, but no jail time. There are exceptions for law enforcement, certain professions, and with the consent of the property owner.
https://www.google.com/search?client=safari&rls=en&q=drones+in+texas&ie=UTF-8&oe=UTF-8
“For many in the news media in Texas, being able to use drones for their news-gathering would be a less expensive and faster way for them to produce more accurate reports on hard-t0-reach areas, or events which would be dangerous,” Ochoa said. “On the other hand, people understandably oppose having drones with a camera or video recording device any where near them or their property, and accidents can happen with drones that can damage property or injure people.”
According to Michael J. Lambert, a media/First Amendment Attorney with Haynes and Boone, LLP:
In 2020, a Texas federal court ruled that certain provisions of the Texas drone law violated the First Amendment because they restricted the right to gather news. This freed Texas journalists from concerns that their conduct would be subject to civil and criminal penalties under unclear provisions of the state’s drone law enacted in 2013.
But in October 2023, the Fifth Circuit Court of Appeals reversed the trial court’s ruling, restoring the vague language that caused the Texas Press Association, National Press Photographers Association (NPPA), and a freelance journalist to challenge the law in 2019.
A drone, which is an unmanned unmanned aerial vehicle (UAV) or unmanned aircraft system (UAS), is an aircraft with no human pilot, crew, or passengers onboard, but rather is controlled remotely or is independent.
Drones were originally developed through the 20th century for military missions too “dull, dirty or dangerous” for humans, and by the 21st century, they have become essential assets to most militaries.
As control technologies improved and costs fell, their use expanded to many non-military applications.
These include aerial photography, area coverage, precision agriculture, forest fire monitoring, river monitoring, environmental monitoring, weather observation, policing and surveillance, infrastructure inspections, smuggling, product deliveries, entertainment, drone racing, and combat.
https://en.wikipedia.org/wiki/Unmanned_aerial_vehicle
House Bill 4436, filed by Rep. A.J. Louderback, R-Edna, and Senate Bill 3010, filed by Sen. Tan Parker, R-Flower Mound, adds a radio or television station holding a broadcast license issued by the Federal Communications Commission; a newspaper of general circulation published in Texas; or another bona fide news organization; to the list of business categories that may use drones for a commercial purpose – in this case, aerial news gathering.
Images collected must be captured for news-gathering and may not depict identifiable people in places where they have a reasonable expectation of privacy, according to supporters of those legislative measures.
Neither House Bill 4436 or Senate Bill 3010, as of Thursday, April 17, 2025, have been scheduled for a public hearing before the House Committee on State Affairs or before the Senate Committee on State Affairs.
A bill is a type of legislative measure that requires passage by both the Senate and House of Representatives, and action by the governor in order to become effective. A bill is the primary means used to create and change the laws of the state.
Filed is used to refer to a measure that has been introduced into the legislative process and given a number, such as “Senate Bill (number)” or “House Bill (number).
Legislation is a proposed or enacted law or group of laws.
“For any person who wishes to learn more about House Bill 4436 and Senate Bill 3010, or any other legislation, they are encouraged to contact the state lawmaker who has filed the specific bill for more information, along with registering their support, opposition, or recommended changes to that measure,” Ochoa encouraged Texans. “At the same time, contact your own state senator and state representative, and do the same. In all cases, get the name and position of the staff member who is working on that bill.”
If a person does not know who is their state senator and/or state representative, log on to:
https://wrm.capitol.texas.gov/home
Born and raised in Edinburg, Ochoa’s roots run deep in the community.
A graduate of Edinburg North High School, he went on to earn a business degree, a master’s in accounting, and a law degree from the University of Texas at Austin.
A champion for government transparency, Ochoa provides regular reports to the public on the Texas Public Information Act, the Texas Open Meetings Act, and existing and proposed state laws that affect the mainstream and social media and the people’s rights to know about the actions of their governments in the Lone Star State.
The Texas Open Meetings Act ensures transparency and accountability by requiring meetings of governmental bodies to be open to the public, except for specific, authorized closed sessions, and requires public notice of the time, place, and subject matter of the meeting.
The Texas Public Information Act provides a mechanism for citizens to inspect or copy government records. It also provides that governmental bodies may withhold government records from the public in specific instances.
In general, government transparency refers to government’s obligation to be open, accountable and honest with its citizens about its operations and spending. This involved making information ready accessible, requesting citizen feedback, and using the Internet to provide easy access to public information.
If a person does not know who is their state senator and/or state representative, log on to:
https://wrm.capitol.texas.gov/home
On Monday, March 17, 2025, the Texas Association of Broadcasters issued its own news release explaining their reasons for both pieces of legislation.
That press release, written by Michael Schneider, follows:
A station’s news-gathering UAV/drone operator would be subject to the same compliance standards as other operators with regard to federal and state law enforcement regulations involving coordination/interference with incident commands, device registration and identification (Remote-ID), and FAA-authorized operator licensing.
Texas’ federally regulated and licensed stations know the importance of upholding such obligations responsibly as broadcasters otherwise risk losing a station license.
The Texas Association of Broadcasters sought a similar aerial news-gathering provision when Texas lawmakers adopted the original Texas drone statute in 2013, but newsrooms were rebuffed, despite a host of other commercial enterprises being allowed to use drones for aerial photography.
The list runs the gamut from realtors and land surveyors to insurance agents, pipeline operators and port authorities.
Law enforcement may use drones to survey the scene of a catastrophe such as a hazardous material spill, for example, to preserve public safety.
Texas college and university professors are allowed to collect drone aerial images for “scholarly research.”
The not clearly understandable 2013 law left Texas newsrooms unsure and fearful of using drone technology despite its importance for news-gathering and life-saving potential.
While helicopters could be used for aerial images, they are not a financially viable option for most broadcast stations in Texas.
Only a handful of television stations in the largest Texas TV markets can afford such operations, and only sparingly.
The National Press Photographers Association and Texas Press Association challenged the law in federal court in Austin, with the Texas Association of Broadcasters filing an amicus brief in support.
An amicus brief is a brief filed by a third party not directly involved in the case with the intention of conveying to the court that the verdict of the case my have broader ramifications that just the people directly involved in it.
The initial March 2022 federal court ruling struck down the law as an unconstitutional infringement on a First Amendment protected activity.
For the 18-month period that followed, Texas newsrooms utilized drones for aerial news-gathering without the specter of criminal prosecution. The resulting drone-captured images allowed newsrooms to effectively convey the scope and impact of important stories such as post hurricane hazards and recovery efforts along the Texas Gulf Coast.
Court did not grant approval to hear the case in 2024. The Texas Association of Broadcasters again filed an amicus brief in support of that effort.
The effect has been chilling, with Texas broadcast newsrooms drastically reducing or halting their drone aerial news-gathering programs for fear of prosecution. Simply put, broadcasters have been prevented from fulfilling their mission to the public: to distribute lifesaving and timely information about natural disasters and other major events to those in the communities they serve.
••••••
For more on this and other Texas legislative news stories that affect the Rio Grande Valley metropolitan region, please log on to Titans of the Texas Legislature (TitansoftheTexasLegislature.com).
