Texas Drone Laws
Federal requirements, Texas statutes, local restrictions, and official resources — in one place, with primary-source citations, for recreational and commercial drone pilots.
Verified & Published
Last reviewed 2026-10-01 · Next review 2026-10-31 · 3 official sources
Texas drone law is primarily defined by the Texas Privacy Act, which governs the capture of images via unmanned aircraft. While the state does not require a separate drone license, it imposes specific criminal penalties for surveillance, harassment, and unauthorized flight over critical infrastructure.
Are drones legal in Texas?
Drone operations are generally allowed in Texas when pilots follow FAA requirements plus all applicable state, local, and property rules. Check airspace authorization and launch or landing restrictions before every flight.
Rules, airspace restrictions, and temporary conditions can change. Check current airspace and official requirements before every flight.
At a Glance
N/A Recreational pilots must follow FAA guidelines and comply with state privacy and surveillance laws.
N/A Commercial operators must adhere to FAA Part 107 regulations and state-specific privacy and infrastructure laws.
Tex. Gov't Code § 423.003 State law prohibits using drones to capture images of individuals or private property with the intent to conduct surveillance.
Tex. Gov't Code § 423.0045 Operating a drone over critical infrastructure facilities is prohibited under state law.
31 Tex. Admin. Code § 65.152 Using drones to hunt, drive, capture, or photograph wildlife is strictly regulated by the Texas Parks and Wildlife Department.
N/A Drone use in state parks is generally restricted and often requires prior authorization from park management.
N/A Municipalities may enact local ordinances, though they must not conflict with federal airspace authority.
Tex. Gov't Code § 423.003 Violations of state drone privacy or infrastructure laws can result in criminal misdemeanor charges.
How the Three Layers Work Together
Every flight is governed by all three layers at once. A rule in one layer does not cancel or replace the others — you must satisfy each layer that applies to where and how you fly.
FAA requirements that apply nationwide — registration, Remote ID, airspace, and operating categories.
State statutes, regulations, agency policies, and rules for state-owned property.
Municipal and county rules, parks, public-property launch/landing limits, filming permits, and property policies.
Our Pre-Flight Recommendations
- Check airspace & get LAANC authorization via B4UFLY before every flight.
- Confirm Remote ID compliance — broadcast module or FAA-registered drone.
- Search the local municipal code for park, launch, and landing restrictions.
- Carry proof of FAA registration and your Part 107 certificate when flying commercially.
- Respect private property — get written permission before flying over private land.
- When layers conflict, follow the most restrictive rule that applies.
Court decisions are shown separately under “Developing Law & Court Decisions.” They inform how rules may evolve but do not replace Layer 3.
Federal Baseline (Applies Everywhere)
These FAA requirements apply nationwide, in addition to any state and local rules below. Federal updates appear automatically on every state page.
- Choosing the Correct Operating Category. Before flying, decide whether you're flying recreationally under the Exception for Limited Recreational Operations or commercially under Part 107. The category determines which rules apply to you.
- Recreational Flying and TRUST. Recreational flyers must pass the free TRUST test, carry proof of passage, register drones over 0.55 lb, and follow the safety guidelines of an FAA-recognized community-based organization.
- Part 107 Remote Pilot Certification. Commercial drone operations require an FAA Part 107 Remote Pilot Certificate, earned by passing the Part 107 Aeronautical Knowledge Test.
- Drone Registration and Exterior Markings. Drones weighing 0.55 lb (250 g) or more must be registered with the FAA, and the registration number must be displayed on the exterior of the aircraft.
- Remote ID. Most drones that require registration must also broadcast Remote ID — a digital 'license plate' — either built-in or via an add-on broadcast module.
- Visual Line of Sight. You must keep your drone within unaided visual line of sight at all times, unless you hold a specific FAA waiver.
- General Altitude Limits. The general altitude ceiling is 400 feet above ground level, with specific allowances near structures under Part 107.
- Controlled and Uncontrolled Airspace. Flying in controlled airspace (Class B, C, D, or surface E) near airports requires prior FAA authorization; uncontrolled Class G generally does not.
Texas State Laws
Verified state statutes, regulations, and agency policies. Each item links to its official source.
Privacy & Surveillance
Unlawful Capture of Image
VerifiedYou cannot use a drone to take photos or video of people or private property with the intent to conduct surveillance.
- Citation
- Tex. Gov't Code § 423.003
- Enforcement
- Local Law Enforcement
- Last verified
- 2026-08-02
Penalties: Class C misdemeanor. Each image captured can constitute a separate offense.
Critical Infrastructure
Offense: Operation over Critical Infrastructure Facility
VerifiedDo not fly drones lower than 400 feet over sensitive sites like refineries, chemical plants, or power stations.
- Citation
- Tex. Gov't Code § 423.0045
- Enforcement
- Texas Department of Public Safety
- Last verified
- 2026-08-02
Penalties: Class B misdemeanor; repeat offenses may be elevated.
Correctional Facilities
Operation over Correctional or Detention Facility
VerifiedFlying drones near or over prisons and jails is strictly prohibited.
- Citation
- Tex. Gov't Code § 423.0046
- Enforcement
- Texas Department of Criminal Justice / Local Law Enforcement
- Last verified
- 2026-08-02
Penalties: Class B misdemeanor.
Hunting, Fishing & Wildlife
Hunting from Unmanned Aircraft
VerifiedYou cannot use a drone to assist in hunting or to harass wildlife.
- Citation
- Tex. Parks & Wild. Code § 62.011
- Enforcement
- Texas Parks and Wildlife Department
- Last verified
- 2026-08-02
Penalties: Class C misdemeanor with potential loss of hunting license.
Local Preemption & Municipal Authority
Regulation of Unmanned Aircraft by Political Subdivision
VerifiedLocal cities cannot create their own drone flight laws, but they can ban drones on city-owned property.
- Citation
- Tex. Gov't Code § 423.009
- Enforcement
- Texas Attorney General
- Last verified
- 2026-08-02
Penalties: Ordinances violating this section are generally unenforceable.
Local drone-law preemption status
VerifiedTexas Government Code § 423.009 generally limits political subdivisions from regulating drone ownership or operation, with exceptions for special events, local property, and certain FAA-authorized measures.
- Last verified
- 2026-08-02
Local & Property Rules
Federal authorization does not automatically grant permission to launch, land, or operate from a particular property.
State Parks
Drone operation in Texas state parks is highly restricted. Visitors are generally prohibited from launching, landing, or operating drones without explicit permission from the Texas Parks and Wildlife Department.
Local Government Authority
Texas municipalities retain the authority to regulate drone operations within their jurisdictions, provided these local rules do not conflict with federal FAA regulations or state law.
Detailed local guides are being developed for selected cities — covering local parks, city- and county-owned property, filming permits, special events, public facilities, and property-manager rules.
Developing Law & Court Decisions
Relevant cases shown for context. These do not replace the rules above, and a decision applies only within the scope noted.
National Press Photographers Association v. McCraw
United States Court of Appeals for the Fifth Circuit · 2023-10-23
Issue: Whether the surveillance and no-fly provisions of Texas Government Code Chapter 423 violate the First Amendment.
The Fifth Circuit reversed a lower court ruling that had struck down parts of Chapter 423. The appellate court held that the surveillance and imagery restrictions were not an unconstitutional restriction on free speech and that the plaintiffs lacked standing to challenge certain aspects of the law. This effectively reinstated the state's drone privacy and critical infrastructure rules as enforceable.
Official Court DocumentPlan Your Next Flight in Texas
Turn the rules into a flight plan — find a place to fly, hire a local professional, or join the CityDrones pilot directory.
Texas Drone Laws FAQ
Quick answers for recreational and commercial pilots.
Are drones legal in Texas?
Drone operations are generally allowed in Texas when pilots follow FAA requirements plus all applicable state, local, and property rules. Always verify airspace and launch or landing restrictions before flying.
Do I need to register my drone in Texas?
FAA registration is a federal requirement and applies nationwide, including Texas. Whether registration is required depends on the aircraft and type of operation.
Can I fly a drone in Texas state parks?
Drone operation in Texas state parks is highly restricted. Visitors are generally prohibited from launching, landing, or operating drones without explicit permission from the Texas Parks and Wildlife Department.
Can cities in Texas make their own drone rules?
Texas law does not explicitly preempt all local drone ordinances, allowing municipalities to implement their own regulations regarding drone use on public property.
What do commercial drone pilots need in Texas?
Commercial pilots generally need to comply with FAA Part 107 requirements as well as applicable Texas, local, and property rules. Additional permits may apply to filming or operations on managed property.
Sources & Methodology
NCSL — Current Unmanned Aircraft State Law Landscape
Primary-source enacted state statutes and bill numbers.
UAV Coach — State Drone Laws Directory
State statutes + municipal local ordinances.
FlyUSI — US Drone Laws Guide
Federal / State / Local three-layer tracker, updated quarterly.
Drone Launch Academy — 50-State Directory
Commercial nuances: privacy torts, hunting, critical infrastructure.
CityDrones uses AI-assisted research to draft state law summaries, cross-checked against the authoritative directories above. Every claim is sourced to an official government or legislature page before publication, and all content is reviewed by a human editor before going live. This is educational information, not legal advice.
The 3-Layer Pre-Flight Compliance Guide
A printable checklist that walks federal, state, and local rules in the same order every time — so you can clear a legal flight before you leave the driveway.
Get it firstCityDrones provides general educational and flight-planning information, not legal advice or flight authorization. Drone laws, property rules, airspace restrictions, and temporary conditions may change. Always verify current requirements with the FAA and the appropriate government or property authority before flying.