Texas drone laws

• 01

  Texas Government Code Chapter 423 restricts using a drone to capture images of individuals or privately owned property with intent to conduct surveillance, with civil and criminal exposure.3

• 02

  Government Code § 423.009 bars a city, county, or joint airport board from adopting or enforcing any ordinance or order regarding drone operation, and voids one that does. The only carve-outs are rules for a special event on the subdivision's own property, the subdivision's own drone use, and rules near facilities it owns adopted after FAA authorization and a public hearing. It does not carve out nuisance, privacy, or trespass ordinances.3

• 03

  Texas restricts certain operations over critical-infrastructure facilities (§ 423.0045), sports venues with 30,000 or more seats (§ 423.0046), and correctional, detention, and juvenile facilities (§ 423.0047) under Government Code Chapter 423, as Class B misdemeanors that rise to Class A on repeat.3

• 04

  Texas Penal Code § 42.15, added in 2023 and extended to spaceports by S.B. 1197 effective September 1, 2025: intentionally or knowingly flying a drone over an airport, military installation, or FAA-licensed spaceport, letting it contact one or anyone or anything there, or flying so as to interfere with or disturb its operations is a Class B misdemeanor, Class A on a repeat. Defenses include prior written or electronic authorization from the facility owner or operator or from the FAA, consent of the property owner or occupant, and government, law enforcement, and contractor operations.4

• 05

  Texas State Parks allows drones only in a designated area at Martin Dies, Jr. State Park or through a filming permit requested from another park.5

• 06

  Using a drone to hunt, locate, recover, count, photograph, harass, or drive wildlife is prohibited without an activity-specific Texas Parks and Wildlife permit.6

• 07

  Federal border restriction: FAA NOTAM FDC 6/9978 and 6/9956 bans drone flights within 1 nautical mile (about 1.15 miles) of the U.S.-Mexico border, on the U.S. side. It covers the ground up to 400 feet, from October 20, 2026 to October 19, 2027 (UTC). Only U.S. Customs and Border Protection can approve a flight, in advance, and only if it meets the NOTAM's listed requirements. That list names defense, homeland security, police, firefighting, medical evacuation, search and rescue, disaster response, and event operations. Requests go to SWBDRONEZONEWAIVERS@CBP.DHS.GOV at least 48 hours ahead.21

Launch-day workflow

Before you fly in Texas

Work through these state-specific checks before the usual FAA airspace, weather, aircraft, and crew review.

1. 01

   Define the imaging purpose

   Chapter 423 contains exceptions as well as restrictions. Confirm whether the capture could be considered surveillance of a person or private property.3

2. 02

   Keep off airports, bases, and spaceports

   Do not fly over or disturb an airport, military installation, or spaceport such as Starbase unless you hold prior authorization from the operator or the FAA, such as a LAANC approval where it applies.4

3. 03

   Screen protected facilities

   Check the route against critical infrastructure, correctional facilities, sports venues, and other locations addressed by Chapter 423.3

4. 04

   Use the state-park rule, not an assumption

   Recreational drone use is limited to the designated Martin Dies, Jr. area; filming at other state parks requires a park permit.5

5. 05

   Keep drones out of hunting and recovery

   Do not use a drone to locate wounded animals or otherwise support recreational hunting. Wildlife work needs the applicable TPWD permit.6

Beyond the airspace layer

Land access and wildlife are separate decisions