Sec. 423.009. REGULATION OF UNMANNED AIRCRAFT BY POLITICAL SUBDIVISION. (a) In this section: (1) "Political subdivision" includes a county, a joint board created under Section 22.074 , Transportation Code, and a municipality. (2) "Special event" means a festival, celebration, or other gathering that: (A) involves: (i) the reservation and temporary use of all or a portion of a public park, road, or other property of a political subdivision; and (ii) entertainment, the sale of merchandise, food, or beverages, or mass participation in a sports event; and (B) requires a significant use or coordination of a political subdivision's services. (b) Except as provided by Subsection (c), a political subdivision may not adopt or enforce any ordinance, order, or other similar measure regarding the operation of an unmanned aircraft. (c) A political subdivision may adopt and enforce an ordinance, order, or other similar measure regarding: (1) the use of an unmanned aircraft during a special event; (2) the political subdivision's use of an unmanned aircraft; or (3) the use of an unmanned aircraft near a facility or infrastructure owned by the political subdivision, if the political subdivision: (A) applies for and receives authorization from the Federal Aviation Administration to adopt the regulation; and (B) after providing reasonable notice, holds a public hearing on the political subdivision's intent to apply for the authorization. (d) An ordinance, order, or other similar measure that violates Subsection (b) is void and unenforceable.
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