TAB-Backed Drone Newsgathering Proposals Take Flight at Texas Legislature

posted on 3.17.2025

In the crush of the 8,000+ bills filed in the 89th Texas Legislature, there is good news for Texas newsrooms – a TAB-led initiative to restore the ability of Texas newsrooms to use FAA-authorized drones for aerial photography now has House and Senate companion bills filed.

HB 4436 by Rep. AJ Louderback, R-Edna, and SB 3010 by Sen. Tan Parker, R-Flower Mound, adds a Radio or Television station holding a broadcast license issued by the Federal Communications Commission; a newspaper of general circulation published in Texas; or another bona fide news organization; to the list of business categories that may use drones for a commercial purpose, in this case, aerial newsgathering. 

Images collected must be captured for newsgathering and may not depict identifiable people in places where they have a reasonable expectation of privacy. 

A station’s newsgathering UAV/drone operator would be subject to the same compliance standards as other operators with regard to federal and state law enforcement regulations involving coordination/interference with incident commands, device registration and identification (Remote-ID), and FAA-authorized operator licensing.

Texas’ federally regulated and licensed stations know the importance of upholding such obligations responsibly as broadcasters otherwise risk losing a station license.

TAB sought a similar aerial newsgathering provision when Texas lawmakers adopted the original Texas drone statute in 2013, but newsrooms were rebuffed, despite a host of other commercial enterprises being allowed to use drones for aerial photography. The list runs the gamut from realtors and land surveyors to insurance agents, pipeline operators and port authorities. 

Law enforcement may use drones to survey the scene of a catastrophe such as a hazardous material 
spill, for example, to preserve public safety. Texas college and university professors are allowed to collect drone aerial images for “scholarly research.” 

The ambiguity of the 2013 law left Texas newsrooms unsure and fearful of using drone technology despite its importance for newsgathering and life-saving potential. While helicopters could be used for aerial images, they are not a financially viable option for most broadcast stations in Texas. Only a handful of television stations in the largest Texas TV markets can afford such operations, and only sparingly. 

The National Press Photographers Association and Texas Press Association challenged the law in federal court in Austin, TAB filing an amicus brief in support. The initial March 2022 federal court ruling struck down the law as an unconstitutional infringement on a First Amendment protected activity. 

For the 18-month period that followed, Texas newsrooms utilized drones for aerial newsgathering without the specter of criminal prosecution. The resulting drone-captured images allowed newsrooms to effectively convey the scope and impact of important stories such as post hurricane hazards and recovery efforts along the Texas Gulf Coast. 

The Fifth Circuit of Appeals, however, overturned the lower court’s ruling in October of 2023 and the U.S. Supreme Court did not grant approval to hear the case in 2024. TAB again filed an amicus brief in support of that effort.

The effect has been chilling, with Texas broadcast newsrooms drastically reducing or halting their drone aerial newsgathering programs for fear of prosecution. Simply put, broadcasters have been prevented from fulfilling their mission to the public: to distribute lifesaving and timely information about natural disasters and other major events to those in the communities they serve. 

TAB will keep stations informed about this effort’s progress and how Texas broadcasters can assist in bill passage as lawmakers move into the second half of the 140-day Texas Legislature. 

Questions? Contact TAB’s Michael Schneider or call (512) 322-9944. 

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