Texas Drone Laws: Where to Find the Official Rules
Texas regulates drones through Government Code Chapter 423, which makes it an offense to use a drone to capture images of people or private property with intent to conduct surveillance (subject to a long list of lawful uses), and criminalizes low flights over critical infrastructure and large sports venues. The Fifth Circuit upheld the chapter in NPPA v. McCraw (2024). Chapter 423 also preempts local drone ordinances: Texas cities and counties may only regulate drones in narrow areas, such as special events and takeoff/landing rules in parks they own — which is why big Texas cities publish airport-proximity and park guidance rather than standalone drone codes. Texas Parks & Wildlife requires a filming permit to fly in state parks and bans using drones on wildlife without a permit.
Can cities and counties in Texas add their own drone rules?
State law preempts local drone rules
This state has a statute reserving drone regulation to the state, so most city and county drone ordinances are not allowed (narrow exceptions may still exist — check the statute text linked below).
Official Texas sources
These links go directly to government and primary sources. They open in a new tab.
Official statute text
- Tex. Gov't Code Ch. 423 — Use of Unmanned Aircraft: surveillance-image offense (§ 423.003), critical infrastructure (§ 423.0045), sports venues (§ 423.0046), local preemption (§ 423.009) (official chapter text) statutes.capitol.texas.gov (opens in a new tab)
- Tex. Gov't Code § 423.003 — illegal use of unmanned aircraft to capture image (official single-section page) statutes.capitol.texas.gov (opens in a new tab)
State agency
- TxDOT Aviation Division — Uncrewed Aircraft System (UAS) Services (the agency's own drone program — informational, not a permitting office) www.txdot.gov (opens in a new tab)
- Texas Parks & Wildlife — Drones/UAVs game-warden FAQ (wildlife/hunting drone prohibitions, Aerial Wildlife Management permits) tpwd.texas.gov (opens in a new tab)
Local rules we've verified in Texas
This is not every local ordinance in the state — only localities where we've confirmed an official source. To check any other city or county, use the look-up workflow on the regulations hub .
- Austin — Parks and Recreation park rules Official Austin Parks and Recreation rules (PDF) including the "Remote Control Models" section that governs model aircraft and drone use in city parks — the kind of park takeoff/landing rule § 423.009(b) still lets cities adopt. www.austintexas.gov (opens in a new tab)
- San Antonio — airport drone-restricted areas map Official City of San Antonio Aviation Department map of drone-restricted areas around San Antonio International Airport. The city publishes airspace guidance rather than its own drone code because state law preempts local drone ordinances. gis.sanantonio.gov (opens in a new tab)
- Fort Worth — Aviation Department UAS page Official City of Fort Worth drone guidance, including control-tower notification for flights near Meacham International and Spinks airports. www.fortworthtexas.gov (opens in a new tab)
What Texas’s drone statutes actually cover
- Surveillance images (§ 423.003). Using a drone to capture an image of a person or private property with the intent to conduct surveillance is an offense — but § 423.002 lists many lawful uses (professional/scholarly research, utility inspection, real-estate marketing under conditions, law enforcement with a warrant or in listed situations, and more). Read the lawful uses before assuming a flight is out of bounds.
- Critical infrastructure and stadiums (§§ 423.0045, 423.0046). Low flights over critical infrastructure facilities and large sports venues are criminal offenses.
- Court challenge. The Fifth Circuit upheld Chapter 423 against a facial First Amendment challenge in NPPA v. McCraw, 90 F.4th 770 (5th Cir. 2024), and the Supreme Court declined to hear the case — so the chapter is enforceable, though as-applied challenges remain possible.
- Wildlife and state parks. Texas Parks & Wildlife rules make it unlawful to use a drone to hunt, drive, capture, count, or photograph wildlife without an Aerial Wildlife Management permit. Flying in a state park generally requires a per-park filming permit; Martin Dies, Jr. State Park has the state’s only designated recreational flying area, and Enchanted Rock State Natural Area bans drones entirely.
Preemption — why Texas cities don’t have drone codes
Tex. Gov’t Code § 423.009 voids most drone regulation by cities and counties. The narrow exceptions in § 423.009(b) include restrictions during special events and rules about the use, takeoff, and landing of drones in parks and recreation areas the local government owns. That’s why the local links above are park rules and airport-area guidance pages rather than city drone ordinances — and why you should be skeptical of any claimed “city drone ban” in Texas that isn’t one of those two things.