Texas, with its vast landscapes and bustling cities, is a fantastic place for drone enthusiasts. Whether you’re looking to capture stunning aerial photography, conduct commercial operations, or simply enjoy flying for fun, understanding the rules and regulations is crucial. A common question for both beginners and experienced pilots is: Do I need a license to fly a drone in Texas? The answer isn’t always straightforward and depends on how you intend to use your drone.
This guide will break down the drone laws in Texas, covering federal, state, and local regulations, to help you determine exactly what you need to legally and safely take to the skies.
Federal Drone Laws in Texas: FAA Requirements
The Federal Aviation Administration (FAA) sets the baseline for drone regulations across the United States, and Texas is no exception. These federal laws are primarily concerned with safety and airspace management. The FAA differentiates between drone operations based on the purpose of your flight: recreational, commercial, or governmental.
Flying a Drone for Commercial Purposes in Texas
If you plan to use your drone for any work or business-related activity in Texas, you are considered a commercial drone pilot. This could include real estate photography, videography for events, inspections, agricultural surveys, and more. For commercial drone operations, the FAA mandates adherence to Part 107 of the Federal Aviation Regulations.
To legally operate a drone commercially in Texas under Part 107, you must:
- Obtain a Remote Pilot Certificate: This involves passing the FAA’s Aeronautical Knowledge Test, often referred to as the Part 107 exam. This test covers airspace regulations, weather, drone operation procedures, and emergency procedures. Preparation courses and study materials are widely available to help you pass this exam.
- Register your drone: If your drone weighs over 0.55 lbs (250g), you must register it with the FAA through the FAA DroneZone website. This registration is valid for three years.
- Follow operational rules: Part 107 outlines various operational limitations, including:
- Flying within visual line of sight (VLOS).
- Flying below 400 feet altitude in controlled airspace (and sometimes lower in uncontrolled airspace depending on proximity to airports).
- Restrictions on flying over people and moving vehicles (unless operating under specific waivers or the new Part 107.39 rule for operations over people).
- Daylight-only operations, or civil twilight with anti-collision lighting.
In essence, if you’re flying a drone to make money or as part of your business in Texas, you do need to obtain a Remote Pilot Certificate, which is often informally referred to as a “drone license.”
Flying a Drone for Recreational Purposes in Texas
If you are flying a drone purely for enjoyment and recreation in Texas, the FAA has different requirements for hobbyist drone pilots. While you don’t need a Remote Pilot Certificate, you still have obligations.
For recreational drone flying in Texas, you must:
- Pass The Recreational UAS Safety Test (TRUST): TRUST is a free online educational test provided by the FAA and designed to ensure recreational flyers understand basic safety guidelines and regulations. It’s a simple test focused on safe flying practices.
- Follow FAA Recreational Model Aircraft Rules: These rules emphasize safe operations and consideration for other airspace users. Key rules include:
- Flying for purely recreational purposes.
- Keeping the drone within visual line of sight.
- Flying below 400 feet altitude.
- Avoiding interference with manned aircraft.
- Operating within community-based safety guidelines.
- Register your drone (if required): Similar to commercial pilots, if your recreational drone weighs more than 0.55 lbs (250g), you must register it with the FAA.
So, for recreational drone flying, you do not need a formal “license” like the Remote Pilot Certificate, but you do need to pass the TRUST test and adhere to the FAA’s recreational rules.
Government Drone Operations in Texas
Government agencies in Texas, such as police or fire departments, have two options for operating drones:
- Operating under Part 107: Government entities can choose to follow the same Part 107 rules as commercial operators, requiring their pilots to obtain Remote Pilot Certificates.
- Obtaining a Certificate of Authorization (COA): Alternatively, government agencies can apply for a federal Certificate of Authorization (COA) from the FAA. A COA grants permission for specific drone operations that may not fit within the standard Part 107 rules, often for public safety or critical infrastructure purposes.
For government drone operations, the licensing or authorization requirements depend on the chosen operational framework (Part 107 or COA).
Flying a drone in Texas landscape
State Drone Laws in Texas: Specific Regulations
Beyond federal regulations, Texas has enacted its own state-level drone laws. These laws often address privacy concerns, drone usage in specific locations, and the authority of local governments. It’s important to be aware of these state-specific rules in addition to the FAA requirements.
Here’s a summary of key Texas state drone laws:
- SB 840 (2017): This law allows telecommunications providers to use drones for image capture. It also restricts drone use for border security imaging near the US border to law enforcement only. Insurance companies are permitted to use drones for insurance purposes with FAA authorization. This law doesn’t directly address drone licenses but highlights authorized uses and restrictions.
- HB 1424 (2017): This law prohibits drone operations over correctional and detention facilities and over sports venues (with some exceptions). This restricts where you can fly, irrespective of your pilot certification.
- HB 1643 (2017): This law limits the ability of local governments to regulate drones, except during special events or for drone usage by the locality itself. This aims to create a more uniform regulatory environment across Texas but allows for temporary local restrictions.
- HB 2167 (2015): This law permits professionals in certain fields to use drones for image capture in their work, as long as individuals are not identifiable in the images. This is relevant for commercial drone use and data privacy.
- HB 1481 (2015): Operating a drone below 400 feet over critical infrastructure facilities is classified as a Class B misdemeanor. This law protects sensitive infrastructure sites from unauthorized drone operations.
- HB 912 (2013): This law outlines 19 lawful uses for drones, including operations at FAA test sites, with warrants, and for oil pipeline safety. It also criminalizes the illegal use of drones for image capture and the possession/distribution of such images, focusing on privacy and responsible drone use.
- Texas Administrative Code §65.152 (2005): Using drones for hunting, driving, capturing, taking, counting, or photographing wildlife is illegal without specific permits (Aerial Management Permit and Land Owner Authorization). This is particularly relevant for those considering using drones for wildlife observation or management.
- Texas Parks & Wildlife Policy: Drones are generally prohibited in Texas State Parks without a permit. Exceptions are made for designated zones in Lake Whitney and San Angelo State Parks for remote-controlled aircraft. Filming permits may be requested from individual parks, requiring advance notice.
These state laws primarily regulate where and how you can fly, and for what purposes. They don’t introduce additional pilot licensing requirements beyond the FAA’s Part 107 for commercial operations, but they do impose significant operational restrictions within Texas.
Local Drone Laws in Texas: County and City Regulations
Local drone laws in Texas are less common due to HB 1643, which limits local government regulation. However, some local entities may have regulations, particularly concerning parks and public spaces.
- Harris County (Houston Metropolitan Area) Park Regulation: Harris County prohibits drone operation in precinct parks except in designated areas and requires drones to remain within the operator’s line of sight, unless written authorization is granted by the Park Superintendent. This illustrates that even with state limitations on local drone laws, specific jurisdictions may still have rules, especially for parklands.
It’s always advisable to check for local ordinances in the specific city or county where you plan to fly, particularly if you intend to operate in parks or near public events.
Conclusion: Navigating Drone Licensing in Texas
So, to definitively answer the question: Do you need a license to fly a drone in Texas?
- For commercial drone operations: Yes, you need to obtain an FAA Remote Pilot Certificate (Part 107 license).
- For recreational drone operations: No, you don’t need a formal “license,” but you must pass the FAA TRUST test and follow recreational flying rules.
- For government drone operations: Licensing depends on whether the agency operates under Part 107 or obtains a COA.
Beyond federal licensing, remember to comply with all Texas state and local drone laws, which primarily regulate where and how you can operate your drone. Staying informed about these regulations is key to responsible and legal drone flying in Texas. Always prioritize safety, respect privacy, and ensure you are operating within the boundaries of the law to enjoy the skies of Texas.
