Texas Statewide Rule

Texas Preempts Local Recreational Drone Rules

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute: TX Gov't Code Ch. 423
Local drone bans: Preempted
Local takeoff rules: Allowed on public land
FAA rules: Apply nationwide

Last verified: September 5, 2026Source: Texas Statutes

Summary

Texas Government Code Chapter 423 occupies the field of unmanned aircraft regulation. Cities and counties cannot adopt their own recreational drone ordinances, though limited municipal rules over takeoff and landing on public property remain.

(b) 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. (c) A political subdivision may adopt and enforce an ordinance, order, or other similar measure regarding: (1) the use of an unmanned aircraft during a special event; (2) the political subdivision's use of an unmanned aircraft; or (3) the use of an unmanned aircraft near a facility or infrastructure owned by the political subdivision, if the political subdivision: (A) applies for and receives authorization from the Federal Aviation Administration to adopt the regulation; and (B) after providing reasonable notice, holds a public hearing on the political subdivision's intent to apply for the authorization. (d) An ordinance, order, or other similar measure that violates Subsection (b) is void and unenforceable.

Source: Texas StatutesView official code

Full Breakdown

Government Code Chapter 423, as amended in 2017 (HB 1424), reserves regulation of unmanned aircraft to the State of Texas. Section 423.009 explicitly preempts city, county, or special-district ordinances that purport to regulate the operation, ownership, or use of unmanned aircraft. The only authority left to local governments is to regulate takeoff and landing on city- or county-owned property and to enforce general trespass and reckless-conduct laws. State law also creates surveillance and 'no-fly' offenses around critical infrastructure, sports venues, and correctional facilities. Recreational pilots must still follow FAA rules including TRUST and Remote ID.

Violations & Penalties

Unlawful surveillance or flight over critical infrastructure is a Class B misdemeanor escalating to Class A on second offense. Local rules beyond takeoff/landing are unenforceable.

Frequently Asked Questions

Can my Texas city ban recreational drones?

No. Chapter 423 preempts local drone regulation. Cities can only restrict takeoff and landing on city-owned land, such as parks, but cannot ban flight in airspace generally.

Where am I prohibited from flying in Texas?

State law restricts flights over critical infrastructure (power plants, refineries, water facilities), correctional facilities, and large sports venues. Federal FAA rules also apply, including airspace and altitude limits.

Sources

TX Gov't Code Ch. 423

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