89th Legislature

HCR 98

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HCR 98 urges the United States Congress to enhance intergovernmental coordination for deploying Counter-Unmanned Aircraft Systems (C-UAS) technology along the U.S.-Mexico border. Currently, only four federal departments—the Departments of Homeland Security, Justice, Defense, and Energy—are authorized to detect and mitigate unauthorized drone activity for border security purposes. States are preempted from engaging in these operations due to federal control of airspace and aviation safety through the Federal Aviation Administration (FAA).

The resolution highlights that while federal agencies possess technical expertise, state and local officials hold critical on-the-ground knowledge and resources. It advocates for expanded collaboration through shared training, information exchange, and protocols for rapid response to drone threats. It also underscores the need for financial assistance to state border jurisdictions for C-UAS technology procurement, training, and operation.

The resolution notes that federal law enforcement and the FBI support expanding drone-mitigation authority to state, local, tribal, and territorial (SLTT) agencies. It cites HR 8610, the Counter-UAS Authority Security, Safety, and Reauthorization Act, as a federal legislative effort to establish a pilot program for granting limited mitigation powers to selected state and local law enforcement. In light of increasing threats—such as drug cartels deploying explosive-laden drones—the resolution underscores the urgency of such measures and calls on Congress to act swiftly.

Finally, HCR 98 calls for this message to be transmitted formally to U.S. executive and legislative leadership, including the President, Congressional leaders, and Texas’s federal delegation, requesting that the resolution be entered into the Congressional Record.
Author
Mihaela Plesa
Ray Lopez
Eddie Morales
A.J. Louderback
Katrina Pierson
Co-Author
Erin Gamez
Sponsor
Juan Hinojosa
Fiscal Notes

According to the Legislative Budget Board (LBB), HCR 98 is a non-binding resolution and does not carry the force of law. As such, it imposes no direct fiscal impact on the State of Texas. The resolution does not appropriate state funds, create any new programs, or impose mandates on state or local agencies. Instead, it serves as a formal request urging Congress to expand intergovernmental cooperation and authorize the use of Counter-Unmanned Aircraft Systems (C-UAS) technology by state and local authorities for border security purposes.

However, the resolution does anticipate potential future fiscal needs if Congress responds favorably to the request. Specifically, it references the need for federal funding to support state-level acquisition, deployment, and training costs associated with anti-drone technology. If Congress passes enabling legislation such as H.R. 8610, Texas could become eligible to receive federal grants or pilot program funds. These funds would be essential to offset the high costs of C-UAS systems, which involve advanced detection, signal interruption, and potentially kinetic mitigation capabilities.

In a broader context, improved C-UAS capabilities could reduce long-term security and law enforcement costs by preventing smuggling, surveillance, and violence associated with cartel-operated drones. While there is no immediate fiscal outlay tied to the resolution itself, the state’s expression of interest could lead to both future expenditures and federal cost-sharing opportunities, particularly for border counties that lack the resources to independently implement such technology.

Vote Recommendation Notes

The totality of the legislative intent, policy goals, stakeholder support, and absence of fiscal burden strongly supports a “Yes” vote on HCR 98.

The resolution reflects a proactive call for expanding state and local involvement in addressing the evolving threat of unmanned aerial systems (UAS) at the U.S.-Mexico border. As the bill analysis and text explain, federal law currently restricts C-UAS operational authority to four federal departments. HCR 98 does not attempt to circumvent federal jurisdiction but instead calls on Congress to authorize a collaborative framework that would allow trained and resourced state and local officials to respond to urgent threats, such as drug cartel activity using drones.

The resolution is also supported by relevant stakeholders, including the Texas Department of Public Safety and multiple law enforcement organizations such as CLEAT and the San Antonio Police Officers Association, who registered support in committee proceedings​. Their support emphasizes both the practical need and readiness for state-level engagement in this domain. The resolution outlines a clear case for why expanding authority to state and local law enforcement is a security necessity, and does so without imposing any new costs or mandates on the state, thus maintaining fidelity to limited government principles.

Given its alignment with state sovereignty, public safety, and responsible federalism—and its neutral-to-positive implications for liberty principles—the resolution earns a favorable recommendation. Texas Policy Research recommends that lawmakers vote YES on HCR 98.

  • Individual Liberty: The resolution does not directly impact individual rights or civil liberties. It does not authorize surveillance or enforcement activities, but rather urges Congress to allow state and local entities to participate in federally controlled Counter-Unmanned Aircraft Systems (C-UAS) operations. Importantly, it does not propose expanded surveillance powers or any change to privacy protections. If Congress acts, any new authority granted to state or local agencies would still be constrained by federal law, including constitutional protections.
  • Personal Responsibility: HCR 98 implicitly encourages responsibility at all levels of government. It recognizes that while federal agencies have the authority and equipment to counter drone threats, state and local authorities have unique ground-level awareness and resources. Empowering these entities to act (with appropriate training and oversight) promotes shared responsibility for public safety and reinforces the principle that governments closest to the people should be trusted and equipped to act in their defense.
  • Free Enterprise: The resolution is security-focused and does not impose regulations on private drone usage or the commercial drone industry. It respects the boundaries between national security concerns and private sector operations by confining its scope to illegal and potentially hostile UAS activity. Thus, it does not interfere with free markets or commercial innovation in the drone or aerospace industries.
  • Private Property Rights: HCR 98 does not propose any takings, restrictions on property, or regulatory encroachments. It does not expand surveillance authority or empower law enforcement to operate drones over private land. Its focus is limited to enhancing intergovernmental response to threats along the international border.
  • Limited Government: While the resolution supports a potential expansion of authority to state and local entities, it does so by urging Congress to decentralize a currently over-concentrated power. Rather than increasing federal power, HCR 98 seeks to delegate it to more responsive and locally accountable governments. This supports the principle of subsidiarity—placing power where it can be exercised most efficiently and closest to the people. The resolution also avoids creating any new state mandates or bureaucracies, preserving the limited scope of Texas state government.
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