Texas passed its drone surveillance law in 2013 and has expanded it several times since. The core statute, Government Code Chapter 423, is the most detailed state-level drone privacy law in the country.
| Restriction | Statute | Penalty |
|---|
| Capturing images of people or private property with surveillance intent | Gov't Code 423.003 | Class C misdemeanor (possession); Class B misdemeanor (distribution). Civil: $5,000-$10,000 per image + actual damages |
| Flying under 400 ft over critical infrastructure | Gov't Code 423.0045 | Class B misdemeanor (up to 180 days jail, $2,000 fine). Repeat: Class A misdemeanor |
| Flying over correctional facilities or stadiums (30,000+ seats) | Gov't Code 423.0046 | Class B misdemeanor. Repeat: Class A misdemeanor |
| Using drones to hunt or harass wildlife (without Aerial Management Permit) | Parks & Wildlife Code / TX Admin Code 65.152 | Class A misdemeanor (Penal Code 42.09) |
The surveillance image law, explained
Gov't Code 423.003 is the statute every Texas pilot needs to understand. It makes it a crime to use a drone to capture images of individuals or privately owned property "with the intent to conduct surveillance." The word "surveillance" is doing a lot of work here. Simply flying over someone's ranch at 300 feet is not automatically a violation. You need to be capturing images, and you need surveillance intent.
The civil penalties are where this gets expensive. A property owner can sue you for $5,000 per image captured in a single episode. If you then share, distribute, or sell those images, the penalty jumps to $10,000 per image, plus actual damages and attorney's fees. Multiple flights over the same property stack these penalties fast.
The law includes 25 specific exceptions for lawful use. These cover real estate marketing, scholarly research, oil and gas pipeline inspection, insurance underwriting, electric utility inspection, environmental assessment, and border security within 25 miles of the US-Mexico border. If your commercial work falls into one of these categories, the surveillance provision does not apply.
Warning: The Fifth Circuit Court of Appeals upheld this law's constitutionality in National Press Photographers Ass'n v. McCraw, 90 F.4th 770 (5th Cir. 2024). The Supreme Court declined to review the case. If you're a journalist or photographer, this law restricts your ability to use drones for newsgathering over private property in Texas.
Critical infrastructure: know your refineries
Texas has more oil refineries, chemical plants, and pipeline infrastructure than any other state. Gov't Code 423.0045 makes it a Class B misdemeanor to fly below 400 feet over these facilities. The definition is broad: power plants, water treatment facilities, petroleum refineries, chemical manufacturing plants, natural gas fractionation facilities, and oil or gas pipelines. In a state with this much energy infrastructure, that covers a lot of ground.
The feral hog exception
Texas Parks and Wildlife clarified that drones can be used at night to locate feral hogs for lethal control. This is a uniquely Texas carve-out. The state has an estimated 4 million feral hogs causing $500 million in annual agricultural damage, so the exception exists for practical pest management. You still cannot use drones to hunt other wildlife without an Aerial Management Permit and Land Owner Authorization.
In December 2025, TPWD also clarified that using drones to deploy fishing bait is prohibited under the Federal Airborne Hunting Act (50 CFR 19.11(b)(2)). This surprised some anglers who had been using drones for bait delivery.
State preemption
Texas preempts local governments from adopting their own drone ordinances. Cities and counties cannot pass laws regulating drone flight beyond what state law already covers. The exception: local governments can regulate drones during special events or for their own governmental operations. This means you only need to learn one set of state rules, not a patchwork of city codes.
For more on privacy law, see our drone spying laws guide and flying over private property guide.
