Drones have transformed industries from real estate marketing to construction management, but operating them legally requires understanding both federal and state regulations. If you’re a property owner or business considering drone services in Texas, here’s what you need to know about the legal landscape.
Federal Regulations: FAA Part 107
The Federal Aviation Administration (FAA) governs all commercial drone operations in the United States through 14 CFR Part 107. Key requirements include:
Certification Requirements
- Pilots must hold a Remote Pilot Certificate (obtained by passing an FAA knowledge exam)
- Certificate holders must be at least 16 years old and vetted by TSA
- Recurrent training required every 24 months
Operational Limitations
- Maximum altitude: 400 feet above ground level
- Maximum speed: 100 mph (87 knots)
- Visual line-of-sight required (must see the drone unaided)
- No operations over people without specific FAA approval
- No night operations without appropriate lighting and waivers
- No operations in controlled airspace without authorization
Texas State Drone Laws
In addition to federal regulations, Texas has enacted several state laws affecting drone operations:
Privacy Protections (Texas Government Code Chapter 423)
Texas law restricts drone photography of private property in certain circumstances. Key provisions:
- Drones cannot capture images of private property for surveillance purposes without consent
- Images captured in violation cannot be used in legal proceedings
- Property owners have civil remedies for privacy violations
Important: These restrictions generally don’t apply to legitimate commercial purposes with property owner consent—such as hiring a drone service to photograph your own property.
Critical Infrastructure Protection
Texas prohibits drone flights over critical infrastructure facilities, including:
- Petroleum refineries and chemical plants
- Power generation facilities
- Water treatment plants
- Telecommunications facilities
No-Fly Zones in Texas
Beyond federal restrictions, Texas has several local no-fly areas:
- Within 5 miles of airports (requires air traffic control notification)
- Over stadiums during events
- Near emergency response operations
- Over prisons and correctional facilities
Insurance Requirements
While not legally mandated by the FAA, commercial drone operators should carry liability insurance:
- General Liability: Covers property damage and bodily injury
- Hull Insurance: Covers damage to the drone itself
- Payload Insurance: Covers expensive cameras and sensors
Reputable drone service providers carry $1-2 million in liability coverage as standard practice.
How Drone Aerial Solutions Ensures Compliance
At Drone Aerial Solutions, regulatory compliance is built into every operation:
- Certified Pilots: All pilots hold current FAA Part 107 certificates
- Airspace Authorization: We obtain LAANC authorization for controlled airspace operations
- Privacy Compliance: We obtain proper permissions and respect property boundaries
- Full Insurance: $2 million liability coverage on every project
- Pre-Flight Planning: Every mission includes NOTAM checks and weather assessment
- Safety Protocols: Established emergency procedures and risk mitigation
What Property Owners Should Ask
When hiring a drone service, verify:
- Are your pilots FAA Part 107 certified? (Ask to see certificates)
- Do you carry liability insurance? (Request certificate of insurance)
- How do you handle airspace authorization?
- What safety protocols do you follow?
- How do you ensure privacy compliance?
Penalties for Non-Compliance
Operating drones illegally can result in:
- FAA civil penalties up to $32,666 per violation
- Criminal penalties for reckless endangerment
- Texas civil liability for privacy violations
- Loss of FAA certification for commercial pilots
Conclusion
Drone technology offers tremendous benefits for property owners and businesses, but legal compliance is non-negotiable. By hiring properly certified, insured, and compliant drone service providers, you protect yourself from liability while gaining access to powerful aerial capabilities.
Drone Aerial Solutions operates with full regulatory compliance on every project. Contact us to discuss your drone service needs with confidence that your project meets all federal and Texas state requirements.
