Texas drone license: Part 107 and the Texas laws on top

Do you need a license to fly a drone in Texas?

You need the FAA certificate if you fly under Part 107, which covers almost all work flights. The FAA lists photos to help sell a property and roof inspections as examples. Flying purely for fun can fall under the recreational exception instead, with the free TRUST test. Do you need a drone license? compares the two paths.

Federal registration applies in Texas as anywhere else. Part 107 drones are registered in FAA DroneZone whatever their weight. The steps from FTN to certificate are in How to get a drone license, and Part 107 rules covers the federal flight rules that apply over Texas.

Can you photograph people or property with a drone in Texas?

Section 423.003 makes it an offense to use a drone to capture an image of an individual or privately owned real property in Texas "with the intent to conduct surveillance" on them. It is a Class C misdemeanor. Chapter 423 defines "image" broadly in § 423.001. It includes sound, thermal, infrared and ultraviolet data, not just photos.

Section 423.004 covers what happens to such an image. Possessing it is a Class C misdemeanor; disclosing, displaying, distributing or otherwise using it is Class B, and each image is a separate offense.

Owners and tenants can also sue under § 423.006. The statute sets a civil penalty of $5,000 for all images captured in a single episode, or $10,000 for disclosing or using them, plus actual damages where the images were shared with malice.

Section 423.002 lists 21 situations in which capturing an image is lawful. Some that matter for working pilots:

• With the consent of the person who owns or lawfully occupies the property in the image.
• Images of public real property, or of a person on that property.
• A Texas licensed real estate broker marketing, selling or financing property, provided no individual is identifiable.
• A registered professional land surveyor or a licensed professional engineer in their practice, provided no individual is identifiable.
• Utility and telecommunications inspection and maintenance, and pipeline inspection without intent to conduct surveillance.
• Insurance underwriting or claims work on real property, when the operator is authorized by the FAA to fly in that airspace.

Where can't you fly a drone in Texas?

Four Texas statutes restrict flights over specific places. Each makes it an offense to intentionally or knowingly fly a drone over the place. Three of them, all except the sports-venue section, also cover letting the drone touch the place or interfering with its operations. The details differ:

Critical infrastructure. Section 423.0045 lists facilities such as refineries, power plants and substations, water and wastewater plants, natural gas compressor stations, LNG terminals, telecommunications facilities, ports, rail yards and trucking terminals, broadcast transmission facilities and high-hazard dams. Most count only when fenced or posted with signs forbidding entry. Aboveground pipelines, wellheads and drilling sites count only when fenced. The commercial exception needs the flight to comply with every applicable FAA rule and hold all required FAA authorizations. Prior written consent from the facility's owner or operator is another exception.

Sports venues. Section 423.0046 covers arenas, racetracks, stadiums and similar facilities with seating for 30,000 or more that are mainly used for sports. The same commercial exception applies, as does working for or with written consent of the venue's owner or operator.

Prisons, jails and detention centers. Section 38.115 covers Texas Department of Criminal Justice facilities, municipal and county jails, Federal Bureau of Prisons facilities, secure juvenile facilities and ICE detention facilities. Its exceptions are for government, law enforcement, their contractors, and people with prior written consent of the facility's owner or operator. There is no exception for commercial flights.

Airports, military installations and spaceports. Section 42.15 was added in 2023 and amended in 2025. It is a defense that you had prior written or electronic authorization from the FAA or from the owner or operator.

The Capitol Complex in Austin has its own rule. Government Code § 411.062(d-1) directs the Department of Public Safety to adopt rules that may prohibit or limit drone use there.

Can you fly a drone in Texas state parks?

Only in two situations, according to Texas Parks and Wildlife's park rules. Martin Dies, Jr. State Park has a designated drone area. At other parks, drones are allowed for filming with a filming permit from the park.

National Park Service sites in Texas follow the NPS rule. Under Policy Memorandum 14-05, superintendents use 36 CFR 1.5 to prohibit launching, landing or operating drones on NPS lands and waters, with some exceptions. Check the park's own website before you go.

Can Texas cities make their own drone rules?

Only in limited cases. Section 423.009 bars counties and cities from adopting or enforcing rules on drone operation, with three exceptions:

• Drone use during a special event, such as a festival on reserved public property.
• The county's or city's own drone use.
• Drone use near a facility or infrastructure the county or city owns, but only after it gets FAA authorization and holds a public hearing.

The statute says a local rule outside those exceptions is "void and unenforceable". Event and facility rules still differ from place to place, so check with the city or county before flying at an event or near public facilities.

Preparing for the Part 107 test

The Part 107 knowledge test follows the FAA's topic list, which does not include state laws. Start with the free Part 107 practice test, 46 FAA sample questions with Certbound's answers and sources. Flying in California too? California drone license covers that state's rules.

This page summarizes statute and agency text as of October 21, 2026. It is not legal advice. Laws change and local rules vary, so read the linked official source before you fly.