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College Station, TX Drone Rules: Recreational Drones (2026)

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

Key Facts

FAA registration
required over 0.55 lbs; $5 for 3 years
Altitude limit
below 400 feet
Knowledge test
TRUST test required for all recreational flyers
State surveillance offense
Class C misdemeanor, Tex. Gov't Code Sec. 423.003

Summary

Recreational drone flying in College Station runs on federal rules plus one Texas criminal statute. The FAA layer requires registration for drones over 0.55 lbs and flight below 400 feet. Texas Government Code Sec. 423.003 separately makes it a Class C misdemeanor to use a drone to capture images of a person or private property with intent to conduct surveillance.

Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image. (b) An offense under this section is a Class C misdemeanor. (c) It is a defense to prosecution under this section that the person destroyed the image: (1) as soon as the person had knowledge that the image was captured in violation of this section; and (2) without disclosing, displaying, or distributing the image to a third party.

Source: College Station Code of OrdinancesView official code

Full Breakdown

The federal framework comes from the Exception for Recreational Flyers, 49 USC Sec. 44809. Register any drone over 0.55 lbs with the FAA, fly below 400 feet, keep the aircraft within visual line of sight, and stay clear of airports, stadiums, and emergency response areas. All recreational flyers must pass the TRUST test, and night flying requires anti-collision lights. Drones under 55 lbs are the ones covered by these recreational rules. City parks are a separate question: College Station parks may prohibit or restrict drone launches, so check with the parks department before treating a park as a launch site.

The Texas layer is narrower but carries criminal exposure. Under Sec. 423.003, a person commits an offense by using an unmanned aircraft to capture an image of an individual, or of privately owned real property in the state, with the intent to conduct surveillance on the person or property in the image. Intent is the hinge of the offense: the statute targets surveillance, not every rooftop that strays into a scenic shot. The offense is a Class C misdemeanor.

The statute builds in a defense with its own conditions. It is a defense to prosecution that the operator destroyed the image as soon as they knew it was captured in violation of the section, and did so without disclosing, displaying, or distributing it to a third party. Both parts must hold; deleting a photo after sharing it does not qualify.

Violations & Fines

Using an unmanned aircraft to capture an image of an individual or privately owned real property with intent to conduct surveillance is a Class C misdemeanor under Tex. Gov't Code Sec. 423.003. The statute recognizes a defense where the operator destroyed the image as soon as they knew it violated the section and never disclosed, displayed, or distributed it to a third party.

Frequently Asked Questions

Do I need to register my drone?
Yes, drones over 0.55 lbs must be registered with the FAA. Registration costs $5 and covers 3 years.
Can I fly in College Station parks?
Parks may restrict or prohibit drone launches. Check with the College Station parks department for site-specific rules before flying.
Is it a crime to film someone's property with my drone?
Only with the wrong intent. Sec. 423.003 makes it a Class C misdemeanor to capture an image of a person or privately owned real property with intent to conduct surveillance. Destroying the image as soon as you know it was captured in violation, without ever sharing it, is a defense.

Sources & Official References

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