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Brownsville, TX Drone Rules: Commercial Drones (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

City Drone Ordinance
None; preempted
Preemption Statute
Tex. Gov't Code § 423.009
Federal Rule
FAA Part 107 certificate required
Airport Airspace
FAA authorization required
Chapter 423 Status
Upheld, NPPA v. McCraw (5th Cir.)

Summary

Brownsville has no drone ordinance, and Texas Government Code section 423.009 bars the city from adopting one. Commercial operators answer to FAA Part 107 and to Texas Government Code Chapter 423, which the Fifth Circuit upheld in full.

Except as provided by Subsection (c), a political subdivision may not adopt or enforce any ordinance, order, or other similar measure regarding the operation of an unmanned aircraft. ... An ordinance, order, or other similar measure that violates Subsection (b) is void and unenforceable.

Source: Brownsville Code of Ordinances & Unified Development CodeView official code

Full Breakdown

A search of the Brownsville Code of Ordinances returns no unmanned aircraft provisions. Section 423.009(b) forbids a political subdivision from adopting or enforcing any measure regarding unmanned aircraft operation, and subsection (d) voids any that exists. The narrow carve-outs in subsection (c) cover special events, the city's own drone use, and flights near city-owned infrastructure after FAA authorization and a public hearing. Brownsville has adopted none of these. Commercial flight requires an FAA Part 107 remote pilot certificate and aircraft registration. Controlled airspace at Brownsville/South Padre Island International Airport requires FAA authorization before flight.

Violations & Fines

Flying commercially without a Part 107 certificate exposes an operator to FAA civil penalties. Capturing images of private property with intent to surveil is a Class C misdemeanor under Chapter 423.

Frequently Asked Questions

Can Brownsville regulate my commercial drone flights?
No. Section 423.009(b) bars any city measure regarding unmanned aircraft operation, and subsection (d) makes such a measure void and unenforceable. Brownsville has adopted none.
What do I need to fly commercially here?
An FAA Part 107 remote pilot certificate and a registered aircraft. Flights in controlled airspace near Brownsville/South Padre Island International Airport need FAA airspace authorization first.
Is the Texas drone surveillance law still enforceable?
Yes. The Fifth Circuit reversed the district court in National Press Photographers Association v. McCraw and upheld Chapter 423 against a facial First Amendment challenge.

Sources & Official References

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All Brownsville rules

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