OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT, MILITARY INSTALLATION, OR SPACEPORT.

(a) In this section:

(1) "Airport" has the meaning assigned by Section 22.001, Transportation Code.

(2) "Military installation" means any military installation owned or operated by or for the federal government, this state, or another governmental entity.

(3) "Spaceport" means any property or facility that is:

(A) used for the launch, landing, recovery, or testing of spacecraft, as defined by Section 507.001, Local Government Code; and

(B) licensed by the Federal Aviation Administration or operated by a spaceport development corporation under Chapter 507, Local Government Code.

(b) A person commits an offense if the person intentionally or knowingly:

(1) operates an unmanned aircraft over an airport, military installation, or spaceport;

(2) allows an unmanned aircraft to make contact with an airport, military installation, or spaceport, including any person or object on the premises of or within the airport, military installation, or spaceport; or

(3) operates an unmanned aircraft in a manner that interferes with the operations of or causes a disturbance to an airport, military installation, or spaceport.

(c) It is a defense to prosecution under this section that the conduct described by Subsection (b) was engaged in by:

(1) the federal government, this state, or a governmental entity;

(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;

(3) a law enforcement agency;

(4) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;

(5) an owner or operator of the airport, military installation, or spaceport;

(6) a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the airport, military installation, or spaceport;

(7) a person who has the prior written or electronic authorization of:

(A) the owner or operator of the airport, military installation, or spaceport; or

(B) the Federal Aviation Administration; or

(8) the owner or occupant of the property on which the airport, military installation, or spaceport is located or a person who has the prior written consent of the owner or occupant of that property.

(d) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.