State drone laws · TX
Drone Laws in Texas (2026)
What federal rules require, what Texas adds on top, whether local governments can set their own drone rules, and the penalties if you get it wrong.
Last verified August 2026
State drone law changes every year
Quick answer: can I fly a drone in Texas?
Yes. You can fly a drone in Texas as long as you follow the federal FAA rules. Because Texas preempts local drone ordinances, you generally only have to satisfy federal rules plus state law — not a patchwork of city rules.
Federal rules apply everywhere in Texas
The FAA controls the airspace above every square foot of the United States. No state or city can authorize a flight the FAA prohibits, and no state law removes your federal obligations. These are the rules that apply in Texas exactly as they do in every other state.
- Register any drone at or above 250 g. Recreational pilots must register a drone that weighs 250 grams or more at takeoff. Registration lasts three years and the number must be marked on the outside of the aircraft.
- Pass the TRUST test and carry proof. Every recreational flyer must complete the free TRUST test once and be able to show the completion certificate along with proof of registration.
- Broadcast Remote ID. Any drone that requires registration must broadcast Remote ID, either built into the aircraft or through an add-on broadcast module.
- Stay under 400 feet, in sight, away from other aircraft. Fly at or below 400 feet in uncontrolled airspace, keep the drone within visual line of sight, and never interfere with manned aircraft or emergency response.
- Get authorization in controlled airspace. Class B, C, D and surface-level E airspace requires prior authorization, which recreational flyers obtain instantly through a LAANC-approved app.
Our pillar guides cover each of these in depth: FAA drone registration, where you can fly, Remote ID and the TRUST test. If you fly for any kind of compensation, you need a Part 107 certificate instead of recreational privileges.
Skip the paperwork — we file your FAA registration for you
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Texas state drone laws
Texas Government Code Chapter 423
Texas regulates the use of drones to capture images of people or private property. The chapter creates offenses for capturing images with the intent to conduct surveillance, and separately restricts operating a drone over critical infrastructure facilities and over correctional facilities and sports venues.
In National Press Photographers Association v. McCraw (5th Cir., 2023) the appeals court upheld the surveillance and no-fly provisions against a First Amendment challenge, reversing the district court. Chapter 423 is therefore enforceable law in Texas today.
Statewide preemption of local drone rules
Texas law reserves the regulation of unmanned aircraft to the state, so cities and counties cannot adopt their own drone ordinances. Local governments still control their own park land use and takeoff and landing on city property.
Preemption status in Texas
Statewide preemption — local drone ordinances are not allowed
Drone regulation is reserved to the state legislature. Cities and counties cannot create their own drone ordinances, so you do not have to research every municipality you fly in. Local governments can still set rules for property they own, such as whether you may launch from a city park, and they can enforce general laws on trespass, harassment and reckless conduct.
Preemption is about who writes the rules, not about the airspace itself. Even in a preemption state, a city can decide you may not launch from its park, a private landowner can ask you to leave their property, and the FAA still controls the airspace above both.
Notable restrictions in Texas
- Critical infrastructure such as petroleum and chemical plants, pipelines, water treatment facilities and electrical substations is off limits below 400 feet under Chapter 423.
- Correctional facilities, detention facilities and sports venues have their own no-fly buffers under state law.
- Texas Parks and Wildlife rules restrict launching and landing in many state parks without permission from the park superintendent.
Airspace and land permission are two different questions. You can have LAANC authorization for the airspace and still be trespassing on the ground. Both have to check out.
Penalties
Two layers of penalties can apply to the same flight: federal enforcement by the FAA and state or local charges brought by Texas authorities.
Federal. Flying an unregistered drone that requires registration can carry civil penalties up to $27,500 and criminal penalties up to $250,000 and three years in prison. Remote ID has made it far easier for authorities to identify an aircraft in flight. Our penalties guide explains how enforcement actually works in practice.
Texas. State-level consequences include:
- Illegal use of an unmanned aircraft to capture an image is a Class C misdemeanor, and possessing or distributing such an image can be charged separately.
- Flying over critical infrastructure or a correctional facility is a Class B misdemeanor, rising to a Class A misdemeanor for a repeat offense.
- Chapter 423 also creates a civil cause of action, so a property owner can sue for damages in addition to any criminal charge.
Register your drone before you fly in Texas
Registration is the one requirement that applies no matter which state you are in. We handle the FAA paperwork for you and deliver your certificate by email within 24 hours, with a safety summary you can keep with your gear.
Drone Register is a private service and is not affiliated with the FAA, the Texas Legislature or any government agency. This page is general information, not legal advice. Last verified August 2026.