Drone Pilot License in Texas: Part 107, Rules, and Privacy Law

To fly a drone commercially in Texas you need two things: a Remote Pilot Certificate issued by the FAA under 14 CFR Part 107, and compliance with Texas Government Code Chapter 423, which restricts where and how you can capture aerial images. The federal certificate is what people mean when they talk about a drone pilot license in Texas. There is no separate state-issued license, but state law adds criminal and civil exposure that federal rules do not address.1Federal Aviation Administration. Small Unmanned Aircraft Systems (UAS) Regulations (Part 107)

Who Needs a Part 107 Certificate

Any non-recreational flight requires a Part 107 Remote Pilot Certificate. That includes the obvious work: photography, surveying, roof and tower inspections, mapping. It also includes situations people often misread as hobby flying. Flying for your employer counts. Posting footage to a monetized YouTube channel counts. Capturing aerial shots for a real estate listing counts. The certificate covers drones under 55 pounds including payload.1Federal Aviation Administration. Small Unmanned Aircraft Systems (UAS) Regulations (Part 107)

If you fly purely for fun, Part 107 does not apply, but you still have to pass the free Recreational UAS Safety Test (TRUST) before your first flight. TRUST is correctable to 100%, so you cannot fail it, but save the completion certificate because test administrators do not keep records.2Federal Aviation Administration. The Recreational UAS Safety Test (TRUST) Recreational flyers still have to follow Texas state law and FAA airspace rules.

Eligibility to Apply

You must be at least 16 years old, able to read, speak, write, and understand English, and in physical and mental condition to safely operate a drone.3eCFR. 14 CFR Part 107 – Small Unmanned Aircraft Systems Part 107 does not require an FAA medical certificate. The fitness standard is self-assessed: if a condition, medication, alcohol, or fatigue would interfere with safe operation on the day of the flight, you should not fly.

How to Get Your Certificate

Most applicants finish the process in a few weeks. The sequence has five steps.

  • Create an IACRA profile at the FAA’s Integrated Airman Certification and Rating Application system. This generates your FAA Tracking Number, a permanent identifier tied to your pilot record.4Federal Aviation Administration. Become a Certificated Remote Pilot
  • Schedule the knowledge test at an FAA-approved Knowledge Testing Center. The “Unmanned Aircraft General – Small” (UAG) exam costs approximately $175 and covers airspace classifications, weather, airport operations, loading and performance, and regulations. Bring a government-issued photo ID.5Federal Aviation Administration. How Much Does It Cost to Get a Remote Pilot Certificate
  • Complete the remote pilot certificate application in IACRA using your test results.
  • Clear the TSA background check that your application triggers. You will get a confirmation email and instructions to print a temporary certificate.4Federal Aviation Administration. Become a Certificated Remote Pilot
  • Fly on the temporary certificate right away. The permanent card arrives by mail within several weeks.

The knowledge test is the only paid step. It has 60 multiple-choice questions, a two-hour time limit, and a passing score of 70%. Study materials, including FAA sectional charts, the Airman Certification Standards, and sample questions, are widely available.

Keeping the Certificate Current

Your Remote Pilot Certificate itself does not expire, but your authorization to fly does if you skip recurrent training. Every 24 calendar months you must complete the free online recurrent training course through the FAA Safety Team or retake the knowledge test at a testing center.6eCFR. 14 CFR 107.65 – Aeronautical Knowledge Recency Almost everyone takes the free online course.7Federal Aviation Administration. Part 107 Small UAS Recurrent Let the window lapse and you cannot legally fly commercially until you complete the training.

Part 107 Operating Rules

Your certificate carries operating limits that apply to every flight. Breaking them can bring FAA enforcement, certificate suspension, or civil penalties.

If a job needs you to exceed any of these limits, you can apply for a Part 107 waiver through the FAA’s Aviation Safety Hub. Waivers exist for operations beyond visual line of sight, above 400 feet, over people without meeting category requirements, from a moving vehicle in populated areas, and other scenarios. The FAA targets a 90-day review, and the application has to show how you will mitigate the added risk.10Federal Aviation Administration. Part 107 Waivers

Registration and Remote ID

Every drone flown under Part 107 must be registered with the FAA regardless of weight. Registration costs $5 per drone and lasts three years, and you have to display the registration number on the aircraft.11Federal Aviation Administration. How to Register Your Drone Recreational flyers register once for $5, which covers every drone in the inventory for drones over 0.55 pounds (250 grams).

Since September 2023, nearly all drones must also comply with Remote ID, which works like a digital license plate. The drone has to broadcast its identification number, location, altitude, velocity, and the control station location over Bluetooth or Wi-Fi throughout every flight.12eCFR. 14 CFR Part 89 – Remote Identification of Unmanned Aircraft Most newer drones have Remote ID built in. Older models need an add-on broadcast module, or you have to fly inside an FAA-recognized identification area. If your drone cannot broadcast and you are not at a recognized site, it stays on the ground.

Flying Near Texas Airports

Controlled airspace surrounds every airport in Texas, and a lot of commercial work happens near one. You cannot fly in controlled airspace without prior FAA authorization. The fastest route is LAANC (Low Altitude Authorization and Notification Capability), which processes approvals in near real-time through approved apps and shows the maximum altitude ceiling at each grid location.13Federal Aviation Administration. UAS Data Exchange (LAANC)

To fly above the published ceiling, or at a location not yet covered by LAANC, you have to submit a manual authorization through the FAA’s DroneZone. That can take up to 90 days, so build the lead time into any commercial job near DFW, Houston, or San Antonio.

Texas Privacy Law on Drone Images

Chapter 423 is the layer that catches Texas drone operators who assume the federal certificate covers everything. Under Government Code Section 423.003, using a drone to capture images of a person or privately owned property with the intent to conduct surveillance is a Class C misdemeanor.14State of Texas. Texas Government Code GOV’T 423.003 – Offense: Illegal Use of Unmanned Aircraft to Capture Image Intent is the key element. An incidental image captured while surveying a commercial site is not the same as watching someone in their backyard, but the line can blur in practice.

A property owner or tenant can also sue. Civil penalties run $5,000 for all images captured in a single episode, or $10,000 if the images were disclosed, displayed, or distributed. The statute also allows recovery of actual damages and attorney’s fees. There is a limited defense if you destroyed the images as soon as you realized they were captured in violation of the law, before sharing them.

Critical Infrastructure No-Fly Zones

Section 423.0045 treats flights over critical infrastructure as a separate offense with stiffer penalties. You commit an offense if you intentionally or knowingly operate a drone over a critical infrastructure facility at or below 400 feet, make contact with the facility, or fly close enough to interfere with operations.15State of Texas. Texas Government Code GOV’T 423.0045 The covered list is long:

  • Energy facilities, including petroleum refineries, electrical power plants, substations, natural gas compressor stations, and LNG terminals.
  • Chemical, polymer, and rubber manufacturing plants.
  • Water treatment plants, wastewater facilities, and pump stations.
  • Central telecommunications switching offices and wireless infrastructure.
  • Ports, railroad switching yards, and trucking terminals.
  • Oil and gas sites, including drilling sites, wellheads, pipelines, tank batteries, and facilities with active flares.

A first offense is a Class B misdemeanor, with up to 180 days in jail and a fine up to $2,000. A prior conviction under the section bumps the next one to a Class A misdemeanor, with up to one year in jail and a fine up to $4,000. The facility has to be fenced or posted with no-trespassing signs to trigger the offense, but most industrial sites in Texas meet that standard. Check satellite imagery before any commercial flight to identify what is nearby.

Consent and Other Texas Exceptions

Chapter 423 lists situations where aerial image capture is lawful. The ones that matter most for commercial pilots include:

  • Consent from the property owner or lawful occupant.16State of Texas. Texas Government Code GOV’T 423.002 – Nonapplicability
  • Electric, natural gas, and telecom company work: facility inspection, maintenance planning, vegetation management, and route siting.
  • Academic and scholarly research by people acting on behalf of a higher education institution, including professors, students, and contractors.
  • Satellite-captured images used for mapping.
  • Law enforcement operations: active pursuits, crime scene documentation, crash investigations, missing person searches, and high-risk tactical operations.
  • U.S. military and Texas military forces.

Consent is the exception commercial pilots lean on. For real estate photos, roof inspections, construction progress shots, or site surveys, get written consent from the property owner before launching. That one step removes most of the Chapter 423 risk.

Insurance and Preflight Habits

Part 107 does not legally require commercial liability insurance, but almost every client, property manager, and general contractor will ask for proof before letting you on site. A $1 million policy is the industry baseline. Carry your Remote Pilot Certificate, or a legible copy, on every flight; FAA inspectors and Texas law enforcement can both ask to see it.

A preflight checklist should cover both federal and Texas requirements: confirm the drone registration is current, verify Remote ID is broadcasting, check for controlled airspace or temporary flight restrictions, scan the site for critical infrastructure, and secure written owner consent if you will be capturing images of private property. The pilots who get in trouble almost always skip the planning, not the flying.