Texas Drone Law Contradictions?

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I've been researching Texas drone laws since Christmas when I received a Phantom 3 from my wife. In regards to taking photos and video, I am a little confused by two sections of the law. Below is the relevant sections in question:

CHAPTER 423. USE OF UNMANNED AIRCRAFT

Sec. 423.002. NONAPPLICABILITY. (a) It is lawful to capture an image using an unmanned aircraft in this state:
...
(15) from a height no more than eight feet above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;

(16) of public real property or a person on that property;

So, assuming there is no city ordinance about flying in a city park, can I legally do so, and can I take video while flying?

To me, (16) says it is legal to fly and take pictures and video in a public park. Period. But what does (15) mean? Is (15) saying you can only take pictures/video from a height of 8 feet or lower? Does this apply to public/city parks?

Thanks
 
The great State (or country) of Texas can make all the laws they want. They DO NOT control the airspace. Which starts 1" off the ground. So would you be hassled by someone... probably but Federal Law (the FAA) preempts State Law.
 

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