Prohibiting the use of remotely piloted aircraft flying over farm property, and making penalties applicable

_____ animals is referred to as an animal feeding operation.1). BACKGROUND —— CRIMINAL OFFENSES. Code chapter 715E created two related criminal offenses.3).4). In each case, the applicable criminal penalty is enhanced if a person has been previously convicted of either offense. For a person committing intrusion, the penalty is a simple misdemeanor subject to an enhanced penalty of a serious misdemeanor, and for a person committing surveillance, the penalty is a serious misdemeanor subject to an enhanced penalty of an aggravated misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. BACKGROUND —— INJUNCTIVE RELIEF.5). BACKGROUND —— EXCEPTIONS. _____ utilities and railroads, an RPA’s high-altitude flight, the use of an RPA to collect scientific information, and a government’s exercise of a public road right-of-way. BILL’S PROVISIONS —— TERMINOLOGY CHANGE. This bill replaces the term “secure farmstead area”, which is defined to include an animal feeding operation, with the term “farmstead”. The bill redefines the term “farmstead” to mean at least contiguous acres of real property used for farming, subject to certain conditions: (1) the real property is owned or leased by a farmer, defined as a person actively engaged in farming, (2) the real property is used for farming, including the production of a farm commodity, and (3) at least $15,000 was generated from the sale of farm commodities produced on the real property in the last calendar year. The bill establishes a secured area of 400 feet from certain types of property located on the farmstead, which includes a farm animal, farm equipment, or a farm structure. However, the secured area cannot include any space within the corporate limits of a city. An RPA is prohibited from entering into this space, subject to the exceptions that apply to a homestead. BILL’S PROVISIONS —— INJUNCTIVE RELIEF. The same right to petition a district court to obtain an order for injunctive relief that applies under current law to the owner or lessee of a homestead or a secure farmstead area applies under the bill to the owner or lessee of a homestead or farmstead. PENALTIES. The same criminal offenses and penalties that protect a homestead and secure farmstead area under current law protect a homestead and a secure farmstead, including a secure animal feeding operation, under the bill, including for intrusion and surveillance.