On October 23, 2023, a three-judge panel of the Fifth Circuit Court of Appeals handed down an opinion that reshaped Texas drone law. In National Press Photographers Association v. McCraw, the Fifth Circuit reversed a 2022 federal district court ruling and upheld Texas Government Code Chapter 423 — the state's landmark drone-surveillance and no-fly statute — against a facial First Amendment challenge. The practical effect: the surveillance-image, no-fly-over-critical-infrastructure, sports-venue, and correctional-facility provisions that had been partially enjoined at the district-court level are all back on the books and enforceable. A 2013 statute that commercial pilots across the Eagle Ford, the Permian, and the coastal film markets had planned around for a decade is once again fully in force.
If you fly in Texas now, the rules that apply sit in three layers: federal FAA rules, a fully enforceable state statute in Chapter 423, and a patchwork of city ordinances that is unusually narrow because Texas preempts most local drone regulation. A pipeline inspection in Midland, a cotton-field flight outside Lubbock, a real-estate shoot in Dallas, or a wedding sequence on Galveston Beach — all of them touch the same three layers. The guide below walks through each of them, with primary-source citations, so you can plan a flight that is legal from pre-takeoff to landing.
What governs drone flight in Texas
Federal baseline: what applies everywhere
Texas state-level drone laws
Texas Government Code Chapter 423 — and how NPPA v. McCraw restored it
Texas Government Code Chapter 423, titled "Use of Unmanned Aircraft," has been the backbone of state drone regulation since 2013. It is written in three pieces: a broad no-surveillance rule in § 423.003, a no-fly rule over critical infrastructure in § 423.0045, and no-fly rules over sports venues and correctional facilities in §§ 423.0046 and 423.0047. Read together, the chapter is one of the most detailed state drone statutes in the country.
Chapter 423 had a high-profile brush with the First Amendment. In 2022, the U.S. District Court for the Western District of Texas enjoined the surveillance-image and no-fly provisions as unconstitutional. The State of Texas appealed. On October 23, 2023, the Fifth Circuit reversed in National Press Photographers Association v. McCraw, 90 F.4th 770 (5th Cir. 2024), holding that the plaintiffs' facial challenges failed and directing the district court to enter judgment for the defendants. The Fifth Circuit did leave the door open to future as-applied challenges — meaning a specific prosecution could still be tested on its particular First Amendment facts — but the statute as written is back on the books and enforceable.
The practical effect for every Texas commercial pilot: Chapter 423 is alive. Every provision the district court had enjoined is once again in force. The enforceable pieces now include:
- § 423.003 (Surveillance Image Capture). It is a Class C misdemeanor (up to $500) to use a drone to capture an image of an individual or privately owned real property with the intent to conduct surveillance on the individual or property.
- § 423.004 (Possession, Display, Distribution, or Use). Possessing, displaying, distributing, or using an image captured in violation of § 423.003 is a Class B misdemeanor (up to 180 days / $2,000).
- § 423.0045 (Critical Infrastructure). Operating a drone at less than 400 feet AGL over a critical-infrastructure facility — or allowing a drone to make contact with such a facility — is a Class B misdemeanor. Critical-infrastructure facilities include petroleum refineries, chemical plants, electric power generating stations and substations, water treatment facilities, natural-gas compressor stations, pipelines above ground, and (post-2017) telecommunications facilities and certain animal-feeding operations.
- § 423.0046 (Sports Venues). Flying a drone over a sports venue — any arena, automobile racetrack, coliseum, stadium, or similar facility with a seating capacity of 30,000 or more — at less than 400 feet AGL is a Class B misdemeanor. The state offense runs in parallel with the federal TFR under 14 CFR § 99.7.
- § 423.0047 (Correctional, Detention, and Critical-Infrastructure Facilities). Flying a drone at less than 400 feet AGL over a correctional facility, detention facility, or critical-infrastructure facility is a Class B misdemeanor. Repeat offenses within one year are a Class A misdemeanor. The correctional side is enforced aggressively — contraband drops into TDCJ units are the driver.
- § 423.0075 (Weaponization). Equipping or arming a drone with a weapon, or using a drone to fire a weapon, is a state-jail felony.
- § 423.002 (Lawful-Use List). A long list of lawful uses — professional research, pipeline inspection, utility operations, real-estate broker use with owner consent, law-enforcement warrant flights, and more — continues to provide the carve-out framework for commercial work.
The practical result for commercial operators: Chapter 423 sets real limits. A pipeline inspection, a refinery shoot, a substation flight, or a fence-line pass over a chemical plant all need to start from a lawful-use carve-out in § 423.002. Flying under 400 feet over a critical-infrastructure facility without a carve-out is a state crime. Flying with intent to surveil a specific person or parcel is a state crime. Journalists, documentarians, and freelancers are bound by the same text that applies to everyone else — the door is open to as-applied First Amendment defenses in a future prosecution, but no one wants to be the test case.
Worth noting: the 89th Texas Legislature (2025) adjourned without amending Chapter 423 in response to McCraw. The statute sits today as the Fifth Circuit left it in 2023.
§ 423.002 — the lawful-purpose list
Chapter 423's § 423.002 lists around two dozen lawful uses — situations in which using a drone to capture images is explicitly permitted regardless of § 423.003's surveillance prohibition. The list started at nineteen categories in the 2013 original and has been added to across several sessions, so pull the current statute for the authoritative count. The list is long and it is pilot-friendly. Worth reading the statute in full; a condensed sampler:
- Professional or scholarly research, including for an institution of higher education
- Imagery for oil, gas, water, or other pipeline safety and rupture response
- Utility or infrastructure inspection by or for an operator
- Real estate listings and real property surveys (with property owner consent)
- Operations, maintenance, or inspection of electric or natural-gas facilities
- Law enforcement use under specified warrant conditions or exigent circumstances
- Training, research, or operations of educational institutions
- Port authority security and facility operations
- Surveying, mapping, or scouting for agricultural purposes
- Images captured at a public event or from a public right-of-way
- Licensed real-estate broker use for marketing
With Chapter 423 back in force after McCraw, the lawful-purpose list is the central operational document for every Texas commercial pilot. If your flight fits a § 423.002 carve-out, the surveillance-image and critical-infrastructure prohibitions drop out. If it does not, you are exposed. Read the list, match the flight to a category, and document the match in a pre-flight record.
Sports-venue and correctional-facility restrictions
Texas has two hard no-fly buckets worth memorizing:
"Sports venue" is defined broadly — any arena, automobile racetrack, coliseum, stadium, or other facility with a seating capacity of 30,000 or more. AT&T Stadium, NRG Stadium, Globe Life Field, Kyle Field, Darrell K Royal–Texas Memorial Stadium, Circuit of the Americas, Texas Motor Speedway — all in. Flying a drone over the venue at less than 400 feet AGL is a Class B misdemeanor: up to 180 days in county jail and a $2,000 fine. The state offense runs in parallel with the federal stadium TFR under 14 CFR § 99.7, which covers MLB, NFL, NCAA Division I football, and major motor-sport events.
Drones may not be operated at less than 400 feet AGL over a correctional facility, detention facility, or critical-infrastructure facility. TDCJ units, county jails across Harris, Dallas, Bexar, and Tarrant, and federal BOP facilities are all in scope on the correctional side. Class B misdemeanor; Class A on a repeat offense within a year. Contraband delivery — a common real-world fact pattern — adds felony exposure under Texas Penal Code § 38.11.
Texas state parks — 31 TAC § 59.134
Texas Parks & Wildlife Department (TPWD) regulates drone use in state parks through Title 31, Chapter 59 of the Texas Administrative Code. 31 TAC § 59.134 provides that launching, landing, or operating a drone within the boundaries of a state park requires prior written authorization from TPWD or the park superintendent. The default is no.
This affects a long list of units: Big Bend Ranch, Palo Duro Canyon, Enchanted Rock, Garner, Caddo Lake, Mustang Island, Galveston Island, Pedernales Falls, and many more. If you are photographing a trip, pre-approval is the only path. Requests route through the superintendent of the specific unit. Processing varies from days to weeks.
Texas state parks and Texas national parks and recreation areas are different regulators. Big Bend National Park, Padre Island National Seashore, Guadalupe Mountains, and the Lake Meredith National Recreation Area are governed by National Park Service rules (36 CFR § 1.5 plus unit-specific compendia), which ban drone launches and landings from NPS land outright. Different agency, similar outcome: no launching without express authorization.
Wildlife — drones and game
Texas Parks & Wildlife Code § 62.003 (Hunting from Vehicles) prohibits hunting any wild bird or wild animal from an aircraft or airborne device. TPWD has interpreted "aircraft" to include drones for enforcement purposes, and TPWD has stated that using a drone to hunt, drive, capture, take, count, or photograph wildlife is unlawful absent a permit. Using a drone to scout deer, herd wildlife, or harass game is a violation. Game wardens enforce.
There is no Texas-side exception for post-harvest deer recovery at the statutory level. TPWD has declined to issue blanket guidance permitting recovery drones. The safer posture is to assume any drone use connected to a hunt is prohibited.
Privacy and surveillance — where things stand now
With Chapter 423 upheld by the Fifth Circuit, § 423.003's "intent to conduct surveillance" prohibition is the centerpiece of Texas drone-privacy law. Capture an image of an individual or privately owned real property with the intent to surveil, and you are exposed to a Class C misdemeanor on the capture and a Class B misdemeanor on possession, display, distribution, or use under § 423.004. A § 423.002 lawful-purpose carve-out is the escape hatch.
Several existing statutes layer more exposure on top:
- Tex. Penal Code § 21.15 (Invasive Visual Recording). Recording, photographing, or broadcasting a visual image of another person's intimate areas without consent. State-jail felony.
- Tex. Penal Code § 21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material). Class A misdemeanor.
- Tex. Civ. Prac. & Rem. Code § 98B. Civil cause of action for disclosure of intimate visual material captured by any means.
- Common-law intrusion upon seclusion. Alive and well in Texas courts.
- Tex. Penal Code § 42.07 (Harassment). Repeated surveillance that would reasonably be expected to annoy, alarm, or torment can satisfy this statute.
A drone operator who loiters over a backyard, films into a bedroom window, or otherwise crosses the line from overflight to intrusion is exposed on multiple fronts — Chapter 423, the invasive-recording felony, the civil tort, and harassment law all potentially apply.
Commercial versus recreational
Texas does not require a state-level drone license or business permit beyond federal FAA requirements. Commercial operators need FAA registration and Part 107. Recreational operators need FAA registration and TRUST. Standard Texas business-franchise and tax obligations apply to drone businesses the same as any other.
Penalties at a glance
| Violation | Classification | Ceiling |
|---|---|---|
| Surveillance image capture by drone (§ 423.003) | Class C misdemeanor | Fine up to $500 |
| Possession, display, distribution, or use of image in violation of § 423.003 (§ 423.004) | Class B misdemeanor | Up to 180 days / $2,000 |
| Over critical infrastructure at < 400 ft AGL (§ 423.0045) | Class B misdemeanor; Class A on repeat | Up to 180 days / $2,000 (Class B); up to 1 yr / $4,000 (Class A) |
| Over sports venue at < 400 ft AGL (§ 423.0046) | Class B misdemeanor | Up to 180 days / $2,000 |
| Over correctional, detention, or critical-infrastructure facility at < 400 ft AGL (§ 423.0047) | Class B misdemeanor; Class A on repeat | Up to 180 days / $2,000 (Class B); up to 1 yr / $4,000 (Class A) |
| Weaponized drone (§ 423.0075) | State-jail felony | 180 days–2 yrs / $10,000 |
| Hunting / harassing wildlife from drone (Parks & Wildlife Code § 62.003) | Class A misdemeanor | Up to 1 year / $4,000 |
| State-park flight without TPWD authorization (31 TAC § 59.134) | Class C misdemeanor + ejection | Fine up to $500 |
| Invasive visual recording by drone (Penal Code § 21.15) | State jail felony | 180 days–2 years / $10,000 |
| Federal stadium TFR violation (14 CFR § 99.7) | Federal — civil + criminal | Up to $75,000 civil; up to 1 year federal |
Local ordinances to watch in Texas
Texas preempts most local drone regulation. Under Texas Local Government Code § 229.001 and Government Code § 423.009, cities and counties are sharply limited in the drone rules they can impose. They cannot regulate airspace. They cannot add their own registration or licensing requirements. What they can do is control takeoff and landing from municipally owned property, and they can enforce generally applicable trespass and nuisance laws.
That said, a handful of local rules matter.
Houston Restrictive on city property
Houston drone laws sit almost entirely at the city-property layer. The City of Houston prohibits drone takeoff and landing from city parks without a Parks & Recreation Department permit. Discovery Green, Hermann Park, Buffalo Bayou, and Memorial Park are all included. The airspace over those parks is federal — you can fly across it from a lawful launch point — but you cannot launch or recover on park ground. Commercial shoots in Houston city parks run through the Mayor's Office of Special Events for a filming permit; drone footage in a permitted production is handled in the shoot-permit package. Houston Intercontinental (IAH) Class B airspace blankets much of the north and east sides of the metro, and William P. Hobby (HOU) adds another Class B shelf to the south — LAANC is mandatory before any flight in either.
Dallas Shoot-permit model
Dallas drone laws follow the film-permit route. Commercial drone operations on Dallas city property need a permit from the Office of Special Events or the Dallas Film Commission. Residential neighborhoods are not generally restricted beyond state law, but homeowner-association rules and trespass doctrine can apply. Flying a drone downtown in Dallas puts you inside Dallas Love Field's Class D shelf and the DFW International Class B ring at the same time, so LAANC is non-negotiable and LAANC denials are common at low altitudes near both airports.
Austin Film Commission + Capitol
Austin drone laws are the Texas city rules most likely to push the preemption envelope. The Austin Film Commission runs an active drone-permit process for commercial filming on city property, and the Austin Parks and Recreation Department prohibits drone launch and landing from city park ground without prior approval. A separate consideration: the Texas Capitol Complex in downtown Austin is a drone-restricted area by state order. The State Preservation Board and Department of Public Safety have designated the area around the Capitol as a no-drone zone for security reasons. Verify the current boundary at the SPB before planning any flight within about a half-mile radius of the Capitol grounds. Austin-Bergstrom (AUS) Class C airspace covers most of South and East Austin, so LAANC authorization is part of routine Austin flight planning.
San Antonio Parks and River Walk
San Antonio prohibits drone launch and landing in city parks without a Parks & Recreation permit. The River Walk is city-owned, and drone flights in the downtown core run into a mix of city park rules, crowd density at any given time, and Class C airspace from San Antonio International (SAT) and Stinson Municipal (SSF). The Frost Bank Center, home of the NBA Spurs, sits outside both the federal § 99.7 stadium TFR (which covers MLB, NFL, NCAA Division I football, and major motor-sport — not NBA) and the state § 423.0046 threshold (the arena's ~18,400-seat capacity is well under the 30,000 statutory floor). That does not make a Spurs-night flight over the arena a good idea: Class C airspace, crowd density, and event-specific TFRs issued on a one-off basis can all apply. Check B4UFLY before any flight near the venue.
Fort Worth and the Texas Capitol — for completeness
Fort Worth has a municipal code provision restricting drone operation in city parks without authorization; contact Fort Worth PARD before a launch. And again, the Texas Capitol Complex in Austin is off-limits to drones under state-level restriction, not city code — worth flagging for anyone working in the state-government core.
The airspace is federal and the state preempts most local rules, but the ground under your feet at takeoff is city property. Check the parks-department rule before you launch.
Where to fly legally in Texas
Looking for places to fly that do not require a permit application?
- AMA-recognized club fields listed at modelaircraft.org. Texas has active clubs in Dallas, Houston, Austin, San Antonio, El Paso, Lubbock, and Amarillo.
- FAA-Recognized Identification Areas (FRIAs). The list is published at faa.gov and updated periodically.
- Private property with the owner's written permission — outside any Class B/C/D ring (unless LAANC is approved), outside the Capitol Complex, outside the 400-foot buffer around prisons and jails, and not over a 30,000+ seat venue during an event.
- Public land managed by agencies other than TPWD or NPS — U.S. Forest Service (Sam Houston, Angelina, Davy Crockett, Sabine) with unit-level conditions, BLM land in West Texas, and most county roads with local consent.
- The FAA B4UFLY app before every flight. It surfaces controlled airspace, active TFRs, stadium restrictions, and national-security no-fly zones in real time.
Who enforces drone laws in Texas?
Federal rules are enforced by the FAA, with civil penalties into the tens of thousands of dollars for serious violations and criminal referrals to the U.S. Attorney's office. Texas state criminal charges under Chapter 423 are filed by county or district attorneys, usually following an investigation by the Texas Department of Public Safety, local police, or — for prison-perimeter flights — TDCJ's Office of the Inspector General. TPWD game wardens and park rangers handle state-park and wildlife violations. Municipal police enforce trespass, nuisance, and city-ordinance pieces at the local level. If a drone damages property, injures a person, or intrudes on a reasonable expectation of privacy, civil liability runs in parallel.
Pre-flight checklist
- Drone registered with the FAA and the number visible on the aircraft.
- Remote ID active and broadcasting (or operating inside a FRIA).
- Under 400 feet AGL, Visual Line of Sight, daylight or civil twilight (night flight under Part 107 night training).
- Airspace checked. LAANC approved for Class B, C, D, or surface-E.
- Commercial use? Remote Pilot Certificate current.
- Recreational use? TRUST certificate on you.
- Planned location checked against Chapter 423 — sports venue in use, correctional facility within 400 ft, state park, Capitol Complex?
- City parks/film-permit rule checked for Houston, Dallas, Austin, San Antonio, or Fort Worth locations.
- Property owner's permission for takeoff and landing.
How USI helps you fly legally
Common questions about Texas drone laws
Do I need a license to fly a drone in Texas?
For commercial use, yes — the FAA Part 107 Remote Pilot Certificate. For recreational use, the free TRUST certificate. Texas itself does not issue a separate state drone license.
Is Texas Government Code Chapter 423 still in effect?
Yes, in full. In 2022, a federal district court enjoined the surveillance-image and no-fly provisions. On October 23, 2023, the Fifth Circuit reversed in NPPA v. McCraw, 90 F.4th 770 (5th Cir. 2024), holding that the plaintiffs' facial First Amendment challenge failed. The statute is back on the books and enforceable — surveillance-image rule (§ 423.003), critical-infrastructure no-fly (§ 423.0045), sports-venue rule (§ 423.0046), correctional-facility rule (§ 423.0047), and the weaponization provision (§ 423.0075) all apply. As-applied challenges remain available in a future prosecution.
Can I fly a drone in Texas state parks?
Not without prior written authorization from Texas Parks & Wildlife. 31 TAC § 59.134 requires permission from the superintendent of the specific unit. Big Bend Ranch, Palo Duro, Enchanted Rock, Caddo Lake, and other units default to no.
Can I fly a drone in Big Bend National Park or Padre Island National Seashore?
No. National Park Service rules (36 CFR § 1.5) ban drone launches and landings on NPS land outright. Different regulator from TPWD, similar outcome.
Is it illegal to fly a drone over private property in Texas?
Airspace above private property is federal, and Texas has no statute barring transient overflight of private land as such. But Chapter 423 does make it an offense to capture an image of privately owned real property with intent to conduct surveillance (§ 423.003), unless the flight fits one of § 423.002's lawful-purpose categories. State invasive-recording law, common-law intrusion upon seclusion, and harassment statutes layer on additional exposure. Get permission from the property owner for takeoff and landing, document the lawful-purpose category for any imaging, and avoid lingering over private residences.
How high can I fly a drone in Texas?
Federal rules cap you at 400 feet above ground level in most Part 107 operations. There is no separate Texas altitude rule.
Can I fly a drone at AT&T Stadium, NRG Stadium, or Globe Life Field?
No. Federal TFRs under 14 CFR § 99.7 (FDC NOTAM 4/3621) prohibit drone operation within a three-nautical-mile radius of 30,000+ seat stadiums from one hour before to one hour after MLB, NFL, NCAA Division I football, and major motor-sport events. Tex. Gov't Code § 423.0046 piles a state Class B misdemeanor on top. Both can be charged.
Can I fly near a pipeline or a chemical plant in Texas?
Yes, but under § 423.0045 you cannot operate a drone at less than 400 feet AGL over a critical-infrastructure facility — which includes pipelines, refineries, chemical plants, substations, and other enumerated categories — unless you fit a § 423.002 lawful-purpose carve-out. Operator-commissioned pipeline and plant inspection flights routinely fit § 423.002's inspection and maintenance categories. The practical move is to fly with written authorization from the facility operator, confirm the § 423.002 category in writing, and keep that record with the flight log. Flying outside the facility perimeter is not a violation of § 423.0045, but overhead imaging with surveillance intent still implicates § 423.003.
What is the penalty for flying a drone at a Texas prison?
Texas Government Code § 423.0047 makes it a Class B misdemeanor — up to 180 days in county jail and a $2,000 fine — to operate a drone below 400 feet AGL over a correctional, detention, or juvenile facility. Repeat offenses are Class A. Contraband delivery adds felony exposure under Penal Code § 38.11.
Can I use a drone to scout for deer in Texas?
No. Texas Parks & Wildlife Code § 62.003 prohibits taking, harassing, or disturbing wildlife from aircraft, and TPWD has consistently treated drones as aircraft for this rule. Scouting, herding, or recovering game with a drone is a Class A misdemeanor risk.
Do I have to register my drone with the state of Texas?
No separate state registration. Federal FAA registration only — $5 for any drone over 0.55 pounds.
Is shooting a drone a felony in Texas?
Yes, in virtually every case. A drone is an "aircraft" for federal purposes under 18 U.S.C. § 32, which makes it a federal felony to willfully shoot at, damage, or destroy an aircraft — up to 20 years in federal prison. Texas state law adds criminal mischief, deadly conduct, and unlawful discharge-of-firearm exposure on top. Shooting down someone else's drone over your property is not a self-help remedy in Texas. The right response to a suspected trespassing drone is a call to local police and a report to the FAA's UAS hotline.
Can I fly a drone at the Texas Capitol?
No. The Texas Capitol Complex in Austin is a designated drone-restricted area under state-level security restriction. The State Preservation Board and Department of Public Safety enforce. Verify the current boundary with the SPB before any flight in the downtown Austin state-government core.
Texas drone law is settled for now — Chapter 423 was upheld in full by the Fifth Circuit in NPPA v. McCraw, and the 89th Legislature (2025) left the statute unchanged. We update these pages quarterly. Have a correction or question? Contact us .
Citations
Federal
Texas state
- Texas Government Code Chapter 423
- Tex. Gov't Code § 423.002 (lawful uses)
- Tex. Gov't Code § 423.003 (surveillance image capture)
- Tex. Gov't Code § 423.0045 (critical infrastructure)
- Tex. Gov't Code § 423.0046 (sports venues)
- Tex. Gov't Code § 423.0047 (correctional / detention facilities)
- Tex. Gov't Code § 423.009 (preemption)
- Tex. Parks & Wildlife Code § 62.003
- Tex. Penal Code § 21.15 (Invasive Visual Recording)
- 31 TAC § 59.134 (TPWD — state parks)
- Texas State Preservation Board
Case law
Local
- City of Houston Parks & Recreation
- City of Dallas Office of Special Events
- Austin Film Commission
- City of San Antonio Parks & Recreation