Sec. 38.115.  OPERATION OF UNMANNED AIRCRAFT OVER CORRECTIONAL FACILITY OR DETENTION FACILITY.  (a)  In this section:
(1)  "Contraband" means any item not provided by or authorized by the operator of a correctional facility or detention facility.
(2)  "Correctional facility" means:
(A)  a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B)  a municipal or county jail;
(C)  a confinement facility operated by or under contract with the Federal Bureau of Prisons; or
(D)  a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.
(3)  "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.
(b)  A person commits an offense if the person intentionally or knowingly:
(1)  operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;
(2)  allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or
(3)  allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
(c)  This section does not apply to conduct described by Subsection (b) that is committed by:
(1)  the federal government, this state, or a governmental entity;
(2)  a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;
(3)  a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;
(4)  a law enforcement agency; or
(5)  a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.
(d)  An offense under this section is a Class B misdemeanor, except that the offense is:
(1)  a Class A misdemeanor if the actor has previously been convicted under this section; or
(2)  a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:
(A)  provide contraband to a person in the custody of the correctional facility or detention facility; or
(B)  otherwise introduce contraband into the correctional facility or detention facility.
Added by Acts 2023, 88th Leg., R.S., Ch. 591 (H.B. 3075), Sec. 1, eff. September 1, 2023.