A Complete Guide to Texas UAV Laws

Flying a drone in Texas means you're playing by two different rulebooks at the same time. It’s a dual system: you have the federal regulations from the FAA, which govern everything about flight safety up in the air, and then you have state laws, mainly Texas Government Code Chapter 423, which are all about privacy and surveillance on the ground.

To be a fully legal and responsible pilot here, you can't just know one—you have to comply with both. Every single flight.

Understanding Federal vs State Drone Regulations

Think of it like this: the FAA’s rules are the national highway laws. They're all about keeping the skies safe for everyone, dictating how, when, and where you can fly to avoid hitting other aircraft or endangering people below. These are the big-picture safety rules.

Then you have Texas state laws, which are more like local ordinances. They deal with ground-level concerns. While the FAA has total authority over the airspace, Texas law steps in to address what your drone is doing from a privacy perspective.

The FAA Governs the Skies

The FAA's job is simple: keep the National Airspace System safe. Their regulations are the law of the land across the entire U.S., applying to every pilot, whether you're flying for fun in your backyard or for a commercial gig.

Federal authority covers the absolute essentials of drone operation:

• Pilot Certification: Recreational flyers must pass The Recreational UAS Safety Test (TRUST). If you're flying commercially, you need a Part 107 Remote Pilot Certificate.

• Drone Registration: Any drone weighing 250 grams (0.55 lbs) or more has to be registered with the FAA, with the registration number displayed clearly on the outside.

• Operational Rules: These are the non-negotiables of flying. Maintain a visual line of sight, stay below the 400-foot altitude ceiling, and don't fly over people or moving cars.

These federal rules create a baseline for safe flying everywhere, Texas included. If you want to dive deeper into the nitty-gritty, our guide on understanding drone waivers and regulations is a great place to start.

Texas Law Protects Privacy on the Ground

While the FAA handles the "how" of flying, Texas law focuses on the "what." Specifically, what you can and cannot capture with your drone's camera. The key piece of legislation here is Chapter 423 of the Government Code, also known as the Texas Privacy Act. This law doesn't care about your altitude or flight path; it cares about what you're recording.

At its heart, Texas drone law is designed to stop people from using UAVs for spying. It’s a criminal offense to use a drone to capture images of an individual or private property with the intent to conduct surveillance.

This two-layered system didn't just appear overnight. It's the result of years of balancing new tech with individual rights. Nationally, the FAA Modernization and Reform Act of 2012 kicked off the process of creating rules for drones. At the same time, Texas moved to address citizen concerns head-on with its own Privacy Act, making sure federal flight rules were backed up by strong, local protections against unwanted surveillance.

For a quick reference, here’s how the two systems stack up.

Federal vs Texas Drone Law at a Glance

This table breaks down the core differences between what the FAA is looking for versus what Texas law cares about.

Regulatory Body	Primary Focus	Key Responsibility for Pilots
Federal Aviation Administration (FAA)	Airspace safety, preventing collisions, and ensuring safe flight operations.	Obtaining proper certification (TRUST or Part 107), registering the drone, and following all flight rules (altitude, line of sight, etc.).
State of Texas (Gov. Code Ch. 423)	Ground-level privacy, preventing illegal surveillance, and protecting property rights.	Ensuring no images are captured of individuals or private property with the intent to conduct surveillance.

Understanding both is non-negotiable. The FAA ensures you fly safely, while Texas law ensures you fly respectfully. Master both, and you'll be set for a successful flight every time.

How to Legally Register Your Drone and Get Certified

Before you even think about sending your drone up into the wide Texas sky, there are a couple of boxes you absolutely have to check with the Federal Aviation Administration (FAA). Think of it like getting a license plate for your car and a driver's license for yourself.

Texas keeps things simple—it doesn't have its own separate drone permitting system. Instead, the state fully defers to the federal rules. This means getting legal is a two-part process: register the drone itself, and then get the pilot certified. It’s not optional, but thankfully, it's pretty straightforward once you know the steps.

Your first stop for everything will be the official FAA DroneZone portal. This is the central hub for getting both your drone and yourself credentialed.

Step 1: Registering Your Drone with the FAA

First things first, let's get your drone on the books. Any drone that weighs 250 grams (that’s about 0.55 pounds) or more needs to be registered. Since most popular models, like anything in the DJI Mavic series, easily clear this weight limit, this is a step pretty much everyone has to take.

The good news? It's cheap and easy. Registration costs just $5 and is good for three years. You’ll handle the whole thing through the FAA DroneZone website.

This is what the official FAA DroneZone portal looks like—it’s your one-stop shop for managing registrations.

Once you complete the process, you'll get a unique registration number. Your final task is to mark this number on the outside of your drone where it can be easily seen. This is crucial because it links the aircraft directly back to you.

Step 2: Getting the Right Pilot Certification

With the drone registered, now it's time to certify the person at the controls—you. The credential you need boils down to one simple question: why are you flying? The FAA draws a very clear line between flying for fun and flying for any other reason.

There are two main paths you can take:

• The Recreational UAS Safety Test (TRUST): This one's for the hobbyists. It’s a free, online test that walks you through the basic safety rules. After you pass, you get a completion certificate that you need to have on you whenever you fly.

• Part 107 Remote Pilot Certificate: This is the real deal—the commercial drone license. If you're using your drone for any business purpose, whether it's snapping photos for a real estate agent or surveying farmland, you must pass a proctored FAA exam to earn this certificate.

The key takeaway is this: if your flight isn't purely for recreation, you're flying commercially and need a Part 107 certificate. There’s no gray area here.

Getting your Part 107 certificate is an investment, so it's smart to know what you're getting into. If you're curious, we have a complete guide that breaks down the full drone pilot license cost to help you prepare.

Once you’ve registered your drone and certified yourself as a pilot, you're all set. You’ll be fully compliant with the federal standards that govern every drone flight in Texas.

Navigating Texas Privacy Laws and Restricted Airspace

So, you've got your federal registration sorted. Great. But before you launch your drone in the Lone Star State, there's a huge piece of the puzzle you can't ignore: Texas privacy laws. This is where things get serious, and where even well-meaning pilots find themselves in hot water.

While the FAA controls the skies, the Texas legislature has drawn a very clear line on the ground to protect citizens from unwanted surveillance. It's all about what your drone's camera sees and, more importantly, why it's seeing it.

At the heart of it all is Texas Government Code Chapter 423. This law doesn’t care about your altitude or whether you hold a Part 107 certificate. Its entire focus is on capturing images. Put simply, it’s a criminal offense to use a drone to snap a picture of an individual or private property with the intent to conduct surveillance.

Think of it this way: flying over your neighbor's house on the way to film a sunset is one thing. Hovering over their backyard to get shots of their pool party is something else entirely. The first is just passing through; the second could easily be seen as illegal surveillance, and that comes with some hefty legal consequences.

Understanding Lawful Drone Use Exceptions

Now, Chapter 423 isn't a blanket ban. The law carves out more than 20 specific exceptions that allow for legal drone photography. These exemptions are designed to ensure essential industries and academic fields can still get their work done with UAV technology.

A few of the most common lawful uses include:

• Real Estate Marketing: A licensed real estate agent can use a drone to capture images of a property they're listing for sale or lease.

• Academic Research: Professors and students at universities can use drones for their research and educational projects.

• Critical Infrastructure Inspections: Utility companies have the green light to inspect pipelines, power lines, and other vital facilities.

• Surveying: A licensed professional surveyor can use a drone as a tool for their job, as long as no individuals are identifiable in the images.

This legal landscape wasn't always so balanced. Back in 2013, Texas passed one of the most restrictive drone laws in the nation, which nearly outlawed capturing images over private land—that’s about 95% of the state. Thankfully, that rule was overturned in 2022 after a lawsuit from press photographers, leading to the more sensible approach we have today. You can get the full story on how that decision reshaped Texas UAV laws over at Texas Standard.

To help clear up any confusion, here's a quick look at some common scenarios:

Permitted vs Prohibited Drone Photography in Texas

This table breaks down some common situations to give you a better feel for the nuances of the Texas Drone Privacy Act.

Scenario	Generally Permitted	Generally Prohibited	Key Consideration
Real Estate Photos	Taking aerial shots of a property for a sales listing with the owner's consent.	Capturing images of neighboring properties without their permission for the same listing.	Consent and Scope. Your permission is limited to the client's property.
Roof Inspection	An insurance adjuster inspecting a client's roof for hail damage after a storm.	Zooming into a neighbor's window while inspecting the client's roof.	Intent. The flight's purpose is inspection, not surveillance of others.
Hobby Flight	Flying over a public park and capturing wide landscape shots.	Hovering low over a private backyard to record a family gathering.	Expectation of Privacy. People in their backyard have a reasonable expectation of privacy.
News Gathering	A journalist documenting the aftermath of a public event, like a flood or fire.	Using a drone to peer over fences to capture images of a private celebrity event.	Newsworthiness vs. Trespass. Public interest doesn't override privacy laws on private property.

Remember, intent is everything. Always fly with a clear, lawful purpose in mind.

Identifying and Avoiding No-Fly Zones

Beyond the state's privacy rules, every pilot must be hyper-aware of restricted airspace. The FAA marks certain areas as "no-fly zones" to keep sensitive locations secure and the public safe. Flying into one of these zones without authorization is a serious federal offense.

The FAA's B4UFLY app is your best friend here. Seriously, don't fly without it. It gives you real-time, location-based maps showing exactly where you can and cannot fly, taking all the guesswork out of your pre-flight check.

Common no-fly zones you'll find in Texas are:

• Airports: You need to stay at least five miles away from most airports unless you've gotten specific approval through the FAA's LAANC system.

• Military Bases: All military installations are completely off-limits to unauthorized drones. No exceptions.

• Critical Infrastructure: This includes places like power plants, water treatment facilities, and prisons.

• Major Sporting Events: The FAA often issues Temporary Flight Restrictions (TFRs) over stadiums during big games.

Being a responsible drone pilot means respecting both privacy on the ground and rules in the air. For a deeper dive into the broader issues, check out our guide on drones and privacy concerns. If you can master these two areas—privacy and airspace—you'll ensure every flight is safe, legal, and respectful.

Rules for Recreational vs. Commercial Drone Pilots

When it comes to flying a drone in Texas, the FAA draws a very clear line in the sand. The rules you need to follow boil down to one simple question: are you flying for fun or for work? There’s no grey area here; the distinction is razor-sharp and determines everything.

Think of it like getting behind the wheel of a car. A standard driver's license lets you run errands or take a road trip. But if you want to drive a semi-truck to haul goods for a company, you suddenly need a Commercial Driver's License (CDL). The stakes are higher, the responsibilities are greater, and the training is more intense. Drone laws operate on the exact same principle.

The Recreational Flyer Playbook

If you’re just flying for the sheer joy of it—capturing your kid's soccer game, getting some cool shots of a family hike, or just enjoying the thrill of flight—you’re a recreational or hobbyist pilot. For you, the FAA created a specific set of guidelines called The Recreational UAS Safety Test (TRUST).

TRUST isn't some grueling exam. It's a free, quick online training and test designed to make sure every hobbyist understands the basic rules of the sky. Passing is a must, and you'll need to have your completion certificate handy in case law enforcement or an FAA official asks to see it.

The core ideas behind TRUST are all about common-sense safety:

• Keep It In Sight: You have to be able to see your drone with your own eyes at all times. No relying on a screen or binoculars to track it. This is what pilots call Visual Line of Sight (VLOS).

• Stay Below 400 Feet: Your drone needs to stay at or below 400 feet in uncontrolled airspace. This keeps you well clear of planes, helicopters, and other crewed aircraft.

• Don't Fly Over People: Never fly directly over crowds, public events, or packed stadiums.

• Know Your Airspace: Before you even take off, use an app like B4UFLY to check for no-fly zones. Airports, military bases, and other sensitive areas are off-limits.

Stick to these rules, and you'll keep your hobby safe and fun for everyone involved.

The Commercial Pilot Standard

The moment your flight has any kind of business purpose, the rulebook changes completely. It doesn't matter if you're getting paid $5,000 for a real estate shoot or just a free sandwich for taking some marketing photos for a buddy's shop—it’s a commercial flight. And for that, you need a Part 107 Remote Pilot Certificate.

A Part 107 certificate is the commercial driver's license of the drone world. It signifies that you have passed a rigorous FAA exam and are held to a much higher standard of knowledge, responsibility, and safety.

Commercial pilots have a much more detailed and strict set of regulations to follow. On top of the basics for hobbyists, Part 107 pilots face tighter operational limits. For instance, flying at night or over people isn't allowed unless you get a specific waiver from the FAA. You're also required to perform detailed pre-flight checks to make sure your drone is airworthy before every single mission.

This extra level of scrutiny makes sense. Commercial jobs often mean flying in more complex situations and carry a much greater liability. Understanding why you need a Part 107 license to fly a drone commercially is the first and most important step for anyone serious about turning this skill into a career. That certificate proves you’re not just a pilot; you’re a professional dedicated to keeping the National Airspace System safe.

Drone Regulations for Law Enforcement and Government

When a police department or public agency puts a drone in the air, a different set of rules often comes into play. These government bodies operate under a special framework built for public safety and official duties, giving them operational capabilities that are strictly off-limits to recreational and commercial pilots.

This distinction is a big deal. Public safety pros need to know their legal boundaries, and citizens deserve to understand how official drone activity is managed. The system is built on a foundation of federal authorization paired with specific state-level permissions that dictate exactly how and when these powerful tools can be used.

The Certificate of Authorization (COA)

At the federal level, public agencies don't follow the standard Part 107 rules that businesses do. Instead, they can get a Certificate of Authorization (COA) directly from the FAA. Think of a COA as a special hall pass, available only to government bodies like law enforcement, fire departments, and other public entities.

A COA lets these agencies self-certify their own pilots and aircraft, which gives them far more operational flexibility than a private operator. This makes sense when you think about it—their missions, like search and rescue or disaster response, often demand flying in ways that would be prohibited under normal circumstances.

Crucially, a COA is not an option for private businesses or individuals. It's strictly a government-to-government agreement that empowers public agencies to perform their duties safely and effectively using drone technology.

Lawful Use by Texas Law Enforcement

While a COA from the FAA governs how an agency can fly, Texas UAV laws get very specific about why they can fly. Texas Government Code Chapter 423 lays out a clear and limited list of situations where law enforcement can legally use a drone to capture images. This ensures the tech is used as a targeted tool for public safety, not for broad surveillance.

The state has set up some pretty firm legal guardrails to protect citizen privacy while still letting police tap into drone capabilities in critical situations.

These lawful uses include:

• With a Search Warrant: A judge must first sign off on a warrant authorizing the use of a drone to collect evidence in a specific area. No exceptions.

• Crime Scene Mapping: Drones are perfect for creating detailed overhead maps and models of a crime scene to help investigators piece together what happened.

• During a Pursuit: If officers are in hot pursuit of a suspect, they can deploy a drone to help track and apprehend them safely.

• Emergency Situations: In a life-threatening emergency, like a hostage situation or an active shooter event, drones provide vital eyes in the sky, giving officers on the ground critical situational awareness.

These regulations strike a necessary balance. They give law enforcement the advanced tools they need to protect communities while, at the same time, upholding the privacy rights of Texans by demanding clear legal justification for every drone deployment.

Alright, let's talk about what happens when you break the rules. Knowing the law is one thing, but understanding the consequences is what really drives home the importance of flying right. If you violate drone laws in Texas, you can get hit with penalties from two different directions: the federal government (FAA) and the state of Texas itself.

It's not an either/or situation. A single mistake could land you in hot water with both authorities at the same time. These aren't just slaps on the wrist, either. The penalties are serious, carrying heavy fines and even potential jail time to enforce safety in the air and protect privacy on the ground.

Federal Penalties from the FAA

The FAA doesn't play around when it comes to the national airspace. They are the guardians of the sky, and when pilots ignore federal regulations, the consequences are severe and expensive. Most of the time, we're talking about civil penalties—basically, hefty fines meant to discourage unsafe flying.

For instance, just flying a drone that isn't registered can cost you up to $27,500. If you're operating commercially without your Part 107 certificate or just flying recklessly, you could face fines of $1,466 per violation. In the most extreme cases where you endanger someone, the FAA can pursue criminal charges, which might include fines up to $250,000 and even prison time.

At the federal level, it’s all about flight safety. The FAA's main job is to make sure every drone operator follows the rules to prevent accidents and keep our increasingly crowded skies orderly.

State Penalties Under Texas Law

While the FAA is policing the air, Texas law is focused on protecting privacy on the ground. If you break the Texas Privacy Act (found in Government Code Chapter 423), you're not looking at a civil fine—you're facing a criminal offense. The penalties are tied directly to what you do with any images you capture illegally with your drone.

Texas has a clear, two-tiered system for illegal drone surveillance:

• Class C Misdemeanor: Simply taking a picture that violates the privacy law gets you a Class C misdemeanor. That’s punishable by a fine of up to $500.

• Class B Misdemeanor: Things get much more serious if you share, display, or use that illegally captured image. Doing so bumps the charge up to a Class B misdemeanor, which can mean a fine of up to $2,000 and possibly 180 days in jail.

This structure shows just how serious Texas is about stopping people from using drones for spying or harassment. It's all about protecting every Texan's right to privacy.

Got Questions About Texas Drone Laws? We've Got Answers.

As you get more comfortable flying your drone, you're bound to run into some specific situations where the rules feel a little fuzzy. Even with a good grasp of the big picture—FAA rules here, state laws there—pilots often bump into the same real-world questions. Let's clear up some of the most common ones.

Can I Legally Fly My Drone Over My Neighbor's House?

This is where things get interesting, as it’s a classic case of federal versus state authority. The FAA owns the sky, which means just flying through the airspace over a private home isn't technically illegal. But that's not the whole story in the Lone Star State.

The real kicker here is the Texas Privacy Act. This law makes it illegal to use a drone for surveillance or to snap pictures of private property if you don't have the owner's permission.

So, while a quick pass-through might be fine, the moment you start hovering, recording, or doing anything that feels like you're peeking into their private space, you could be in hot water with state law. The best advice? Be a good neighbor. Just ask for permission before flying over private property—it's the simplest way to keep the peace and stay out of trouble.

Do I Need a Special Texas Drone License for Recreational Flying?

Nope. Texas keeps it simple and doesn't have its own separate drone licensing system. The state follows the federal rules set by the FAA, period.

If you're just flying for fun, the checklist is pretty straightforward:

• Pass the free online Recreational UAS Safety Test (TRUST).

• Keep proof that you passed the test on you whenever you're flying.

• If your drone is 250 grams (0.55 lbs) or heavier, you have to register it with the FAA and make sure the registration number is visible on the aircraft.

That’s it. No special Texas permit is required to fly as a hobbyist.

Just remember, even though these are federal regulations, they are the only ones that matter for getting certified as a hobbyist pilot in Texas. Follow the FAA's lead, and you'll be compliant anywhere in the state.

Are There Local Drone Rules in Texas Cities?

You bet. While the federal and state laws create the main framework, many Texas cities have thrown their own rules into the mix. This is a crucial layer you can't afford to ignore. These local ordinances usually focus on where you can—and can't—take off or land your drone.

For instance, major cities like Austin and San Antonio have very specific ordinances that ban drone flights in most city parks unless you've secured a special permit. Other towns might put up restrictions around stadiums, event spaces, or government buildings. Before you even think about launching in an urban area, do your homework. A quick check of the city's official website or its parks department page is essential to avoid a local fine.

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