Drone Regulations in Texas: 2025 Operator Guide

Texas drone operators face a three-layer rulebook: FAA federal rules apply everywhere, Texas Government Code Chapter 423 adds privacy and surveillance restrictions, and local governments have narrow authority to regulate. Know which layer governs your situation before you fly.

Quick Answer: What Rules Govern Drones in Texas?

FAA rules are the foundation. Texas state law adds specific restrictions, and local ordinances are mostly preempted. No single Texas agency issues a "drone license." Your compliance checklist depends on your operational purpose and location.

The Regulatory Stack

Federal (FAA): The FAA has primary jurisdiction over navigable airspace. Every drone operator in Texas must comply with either FAA Part 107 (14 CFR Part 107) for commercial operations or the FAA recreational rules. State law cannot override FAA airspace authority.

State (Texas Government Code Chapter 423): Texas adds a separate layer focused on privacy and surveillance. The statute regulates what you do with a drone, specifically whether you capture images of people or private property in ways the law prohibits (Texas Government Code §423.003). Violating Chapter 423 is a criminal offense, separate from FAA compliance.

Local: Texas preempts most local drone ordinances. Municipalities cannot regulate airspace or drone operations in ways that conflict with state or federal law. Some narrow local rules on takeoff and landing from public property may survive preemption, but consult a city attorney before relying on any local ordinance.

Operator Type Summary

Texas State Drone Laws: Statutes and What They Prohibit

Texas does not regulate drone airspace, but it does regulate drone surveillance. Chapter 423 of the Texas Government Code is the primary statute.

Authorized Uses: The Whitelist (Texas Government Code §423.002)

Texas law presumes drone image capture is prohibited unless the use falls within an enumerated authorized category. The list in §423.002 includes uses by licensed real estate brokers, electric and pipeline utilities conducting infrastructure inspections, law enforcement with a warrant, academic research institutions, and news media gathering information in a public place. If your use case is not on the list, you are operating in a legally risky area under state law, even if you are FAA-compliant.

Prohibited Surveillance (Texas Government Code §423.003)

Section 423.003 prohibits using a drone to capture an image of an individual or privately owned real property with the intent to conduct surveillance. The statute does not require that you publish or use the image; the intent to surveil is the trigger. "Capture" includes photographs, video, and any other visual recording.

Criminal Penalties (Texas Government Code §423.004)

Violations of the image-capture prohibition carry criminal penalties:

• First offense: Class C misdemeanor (Texas Government Code §423.004)
• Subsequent offenses: Class B misdemeanor (Texas Government Code §423.004)

A Class C misdemeanor carries a fine up to $500. A Class B misdemeanor carries up to 180 days in jail and a fine up to $2,000 under the Texas Penal Code general penalty schedule.

Civil Liability (Texas Government Code §423.006)

Property owners and individuals have a private right of action against drone operators who violate Chapter 423. A prevailing plaintiff can recover actual damages, statutory damages of $5,000 per violation ($10,000 for images disclosed to a third party), court costs, and attorney's fees (Texas Government Code §423.006). This civil exposure is separate from criminal penalties.

Voyeurism and Invasive Visual Recording

Drone-captured imagery that depicts intimate areas of a person without consent can also trigger Texas Penal Code §21.15, which covers invasive visual recording. This is a state jail felony.

Critical Infrastructure (Texas Government Code §423.0045)

Texas prohibits drone operations over critical infrastructure facilities, including oil and gas pipelines, refineries, electrical generation facilities, and water treatment plants. Section 423.0045 makes flying over these facilities a Class B misdemeanor, with enhanced penalties for prior convictions. Operators doing infrastructure inspection work must confirm they fall within the §423.002 authorized-uses exemption for utilities.

Weaponized Drones

Texas law addresses attaching weapons to drones. Consult the Texas Penal Code and Texas Government Code Chapter 423 for applicable provisions. Federal law under 18 U.S.C. §32 also covers aircraft sabotage and weaponization.

Correctional Facilities

Flying drones over correctional or detention facilities is prohibited under Texas Government Code §423.0046. Operators near any TDCJ unit or county jail should treat the facility as a no-fly zone regardless of airspace class.

FAA Requirements Every Texas Drone Operator Must Meet

Texas state law does not replace FAA requirements. Both apply simultaneously.

Registration (14 CFR Part 48)

Any drone weighing more than 0.55 pounds (250 grams) must be registered with the FAA before flight. The registration fee is $5 and is valid for three years (14 CFR Part 48). Register at faadronezone.faa.gov. The registration number must be marked on the aircraft.

Verify the fee at faadronezone.faa.gov before submitting, as FAA fees are subject to revision.

Recreational Flyers: TRUST

Recreational operators must pass the FAA's free online safety test, The Recreational UAS Safety Test (TRUST), before flying. TRUST is available through FAA-approved test administrators. You must carry proof of completion when flying.

Commercial Operators: Part 107 Remote Pilot Certificate (14 CFR Part 107)

Flying for any business purpose, compensation, or hire requires a Remote Pilot Certificate. Requirements include:

• Passing the FAA Aeronautical Knowledge Test at an approved testing center
• TSA security vetting
• Recurrent knowledge test every 24 months

Remote ID (14 CFR Part 89)

As of September 16, 2023, most drones must broadcast Remote ID, a digital identification signal that includes the drone's location, altitude, speed, and the operator's location. Drones without built-in Remote ID must use a broadcast module. Flying at an FAA-recognized identification area (FRIA) is the only exception for non-compliant drones. Enforcement of Remote ID began in 2024.

Airspace Authorization: LAANC and DroneZone

Flying in controlled airspace (Class B, C, D, or surface E) requires authorization before flight. Texas has extensive controlled airspace around its major airports.

LAANC (Low Altitude Authorization and Notification Capability) provides near-instant authorization for flights below FAA-published altitude ceilings near airports. LAANC is available through approved providers. Check the FAA UAS Data Delivery System for current LAANC-enabled airports in Texas.

Manual DroneZone waiver is required for operations that exceed LAANC ceiling altitudes or involve waivers of Part 107 rules. Processing times can be up to 90 days. Apply at faadronezone.faa.gov.

Major Texas airports with LAANC coverage include Dallas/Fort Worth International (DFW), Dallas Love Field (DAL), Houston George Bush Intercontinental (IAH), Houston Hobby (HOU), San Antonio International (SAT), and Austin-Bergstrom International (AUS). All sit under Class B or Class C airspace. Do not fly near these airports without confirmed LAANC authorization or a manual waiver.

Altitude, Night Flying, and Operations Over People

• Altitude: 400 feet AGL maximum in uncontrolled airspace (14 CFR Part 107.51). Near structures, you may fly higher if within 400 feet of the structure.
• Night flying: Allowed under Part 107 with anti-collision lighting visible for at least 3 statute miles (14 CFR Part 107.29).
• Operations over people and moving vehicles: Governed by Part 107 Subpart D. Category 1 through 4 rules apply depending on drone weight and operational parameters.

No-Fly Zones and Restricted Areas in Texas

Controlled Airspace Around Airports

Class B airspace extends up to 30 nautical miles around major Texas hubs. Identify airspace class using FAA sectional charts, the B4UFLY app, or the FAA UAS Data Delivery System before every flight. Flying in Class B without authorization is a federal violation.

Temporary Flight Restrictions (TFRs)

TFRs are issued for wildfires, disaster areas, VIP movements, and major events. Texas sees frequent TFRs during wildfire season and presidential travel. Check for active TFRs at tfr.faa.gov or through the B4UFLY app before every flight. Flying into an active TFR can result in certificate suspension or criminal prosecution (14 CFR §91.137).

Texas State Parks

The Texas Parks and Wildlife Department (TPWD) requires a permit for drone operations in most state parks. TPWD administrative rules under 31 TAC govern UAS use on state park lands. Unauthorized drone flight in a state park can result in removal and citation. Contact the TPWD permits office for current requirements.

Texas State Capitol and Government Buildings

The Capitol grounds in Austin are a sensitive area. Consult the State Preservation Board and applicable Texas law before flying near the Capitol complex.

Military Installations

Texas has a significant military presence. Prohibited installations include:

• Fort Cavazos (formerly Fort Hood), Killeen
• Joint Base San Antonio (Lackland, Randolph, Fort Sam Houston)
• Dyess Air Force Base, Abilene
• Sheppard Air Force Base, Wichita Falls
• Naval Air Station Corpus Christi
• Laughlin Air Force Base, Del Rio

All military installations have restricted or prohibited airspace. Flying over or near these facilities without authorization from the installation commander is a federal offense. Check FAA sectional charts for the specific airspace designations around each installation.

Sporting Events and Stadiums

Under 14 CFR §91.145, drone flight is prohibited within 3 nautical miles of major outdoor stadiums with 30,000 or more seats during events, from one hour before to one hour after. This covers AT&T Stadium (Arlington), NRG Stadium (Houston), Darrell K Royal Stadium (Austin), and other large venues during NFL and NCAA events.

Wildfire and Disaster TFRs

When Texas DPS or local emergency management declares a disaster, the FAA typically issues a TFR over the affected area under 14 CFR §91.137. Drone operators who interfere with aerial firefighting or emergency operations face federal charges.

Texas Border Region

The Rio Grande corridor has heightened federal and state interest in drone activity. U.S. Customs and Border Protection operates its own UAS assets in this region, and counter-UAS (C-UAS) systems are deployed at various points. Operators near the border should monitor FAA NOTAMs and CBP advisories for active interdiction zones. HCR 98 (89th Texas Legislature, 2025) signals that Texas intends to push for expanded C-UAS authority in this region.

Permit Fees, Timelines, and Requirements by Use Case

No Texas-specific commercial drone license exists beyond FAA Part 107. The table below covers the approvals most Texas operators need.

Insurance

Texas state law does not mandate liability insurance for drone operators. However, commercial clients, property owners, and local governments routinely require proof of insurance before granting access. Budget for general liability coverage with a UAS endorsement for commercial work.

What Changed Recently: 2024-2025 Texas Drone Regulatory Updates

HCR 98 (89th Texas Legislature, 2025): C-UAS and Border Security

The Texas Legislature passed House Concurrent Resolution 98 during the 89th Regular Session, and it was signed by the Governor (HCR 98, 89th Texas Legislature, Regular Session, 2025). The resolution urges Congress to enhance coordination among federal, state, and local authorities in deploying counter-UAS technologies for border security.

HCR 98 is a memorial resolution and does not have direct legal effect on operators or change existing statutes. It signals that Texas state policy supports expanded C-UAS deployment near the border and that federal-state coordination on drone interdiction is a legislative priority.

HB 5283 (89th Texas Legislature): Texas Military Department Operations

HB 5283, relating to operations of the Texas Military Department, was referred to the House Committee on Homeland Security, Public Safety and Veterans' Affairs as of April 2025 (HB 5283, 89th Texas Legislature). Based on available source material, the bill had not advanced beyond committee referral. Monitor Texas Legislature Online (capitol.texas.gov) for final session status.

FAA Remote ID Enforcement (2024)

The FAA moved into active enforcement of the Remote ID rule in 2024. Operators flying drones without compliant Remote ID broadcast capability are subject to civil penalties. If your drone was manufactured before the rule took effect and lacks built-in compliance, you need a broadcast module or must fly exclusively at an FAA-recognized FRIA.

FAA Reauthorization Act of 2024 (Public Law 118-63)

The FAA Reauthorization Act of 2024 extended FAA authority through 2028 and included provisions affecting recreational drone rules, beyond visual line of sight (BVLOS) pathway development, and UAS traffic management. Texas operators pursuing BVLOS operations should track FAA rulemaking under this authorization.

Texas Government Code Chapter 423: No 2025 Amendments Confirmed

Based on available source material, no 2025 session amendments to Texas Government Code Chapter 423 have been confirmed. Verify current statutory text at statutes.capitol.texas.gov before relying on any specific provision for compliance planning.

Next Steps: Who to Contact and How to Stay Compliant in Texas

Work through this checklist before your next flight.

Step 1: Register your drone with the FAA at faadronezone.faa.gov if it weighs more than 0.55 pounds. The fee is $5 for a three-year registration (14 CFR Part 48). Mark the registration number on the aircraft.

Step 2: Get certified for your use case. Recreational flyers must complete TRUST. Commercial operators must hold a Part 107 Remote Pilot Certificate (14 CFR Part 107).

Step 3: Check airspace before every flight. Use the FAA B4UFLY app or the FAA UAS Data Delivery System. Look for active TFRs at tfr.faa.gov. If you need controlled airspace authorization, use LAANC through an approved provider.

Step 4: If flying in a Texas state park, contact the Texas Parks and Wildlife Department permits office before you go. Unauthorized drone flight in state parks is a citable offense.

Step 5: For commercial filming on state-managed property, contact the Texas Film Commission at gov.texas.gov/film. The Film Commission coordinates permits across multiple state agencies.

Step 6: Review Texas Government Code Chapter 423 at statutes.capitol.texas.gov. Confirm your use case appears on the §423.002 authorized-uses whitelist before capturing images over private property.

Step 7: Border-area operators should monitor FAA NOTAMs (notams.faa.gov) and CBP advisories for active C-UAS zones. Given the direction of HCR 98 (89th Texas Legislature, 2025), interdiction activity is likely to increase.

Direct Contacts

Recommended Tools

• FAA B4UFLY app: Pre-flight airspace check, TFR alerts
• FAA UAS Data Delivery System: LAANC facility maps, airspace data
• tfr.faa.gov: Active TFR lookup
• statutes.capitol.texas.gov: Current Texas Government Code Chapter 423 text
• capitol.texas.gov: Track HB 5283 and other 89th session drone-related legislation