TexasCHLforum.com

The public place allowance in Texas Government Code 432.002(a)(15) is for privately owned locations that are generally open to the public such as parking lots. You can fly over, and photograph public property assuming you are in compliance with FAA regulations as per Texas GC 432.002(a)(16). Each subsection gives you permission to do something that is otherwise illegal. You do not have to meet the requirements for each subsection in order to be protected.

The sad truth is the Texas drone law is poorly written and needs to be addressed. Unlike most Texas laws which simply say "It is legal unless we say it isn't here in this section." Texas GC 432 is basically saying "It is illegal to fly a drone with the ability to record information if it is recording information unless it is somehow covered by the following exceptions." Texas GC432 is more like something you would find in New Jersey gun laws. My first amendment right to take pictures from 300 feet in the air should not be dependent on me being able to hire a helicopter or airplane to take me up there. Additionally the term surveillance is not defined and is open to being interpreted. Another potential problem with this law that there is currently legislation to fix is that it allows the surveillance of people and property w/o permission if that person or property is within 25 miles of the Mexican boarder. Many argue this is a violation of the equal protection clause under the United States constitution. Much of how this law is thought to apply is only theoretical as it has not been used to prosecute anyone that I am aware of.