Part 107 in Texas: Chapter 423 Drone Law

Your Part 107 certificate is enough to fly commercially in Texas, but Texas adds a state law on top of it. Chapter 423 of the Texas Government Code makes it an offense to capture an image of a person or private property with intent to conduct surveillance, then lists more than twenty situations where capturing images is lawful. It also restricts low flights over critical infrastructure and large stadiums, with an exception for commercial flights that follow FAA rules.

What does Chapter 423 actually prohibit?

Three things matter most to a Part 107 pilot:

Possessing or sharing an image captured in violation of §423.003 is a separate offense under §423.004.

When is capturing images lawful in Texas?

§423.002 lists the exceptions. The ones a working pilot is most likely to rely on:

• with the consent of the person who owns or lawfully occupies the real property in the image;
• images of public real property or a person on it;
• images captured by a Texas licensed real estate broker for marketing, sale or financing of property, if no individual is identifiable;
• utility and telecommunications inspection, mapping by satellite, academic research and several public-safety uses.

Does the critical infrastructure rule stop commercial work?

Not if you follow FAA rules. Both the critical infrastructure and stadium sections exempt an operator using a drone for a commercial purpose when the operation complies with every applicable FAA rule, restriction or exemption and has all required FAA authorizations. Owners and operators of the facility, and people with their prior written consent, are also exempt.

The listed facilities include refineries, power plants and substations, water treatment plants, ports and rail yards, telecommunications structures, and high-hazard dams, when fenced or posted against entry.

Is Chapter 423 still enforceable?

Yes. A federal district court struck down parts of it in 2022, but in October 2023 the Fifth Circuit reversed and held the law is not unconstitutional on its face. The court left room for challenges to how it is applied in particular cases.

What federal rules matter most in Texas?

Texas has two Class B airspace areas, around Dallas-Fort Worth and Houston, plus several Class C and many Class D airports, so a lot of urban and suburban work needs prior authorization under §107.41. The LAANC guide covers how to get it. For work near people, the Operations Over People rules still apply whatever Texas law says.

A worked example

You are hired to shoot a ranch listing near Fort Worth. Federally, you check the sectional chart, get LAANC if the ranch is inside controlled airspace, and keep clear of people under §107.39. Under Texas law, you get written consent from the owner before flying, because you are not the listing broker, and you avoid flying low over the fenced electrical substation on the property line.

What this means for the exam

Nothing directly. The FAA knowledge test covers federal rules only, so Chapter 423 will not appear on it. It matters the day you start flying for hire in Texas. Not every state goes this far: Michigan expressly lets FAA-authorized commercial operators fly, and Illinois targets one specific misuse.

Other states are compared in the state drone laws guide.