81R8301 CAE-F
 
  By: Uresti S.B. No. 2105
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limiting the liability of space flight entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 100F to read as follows:
  CHAPTER 100F. LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES
         Sec. 100F.001.  DEFINITIONS. In this chapter:
               (1)  "Launch" means a placement or attempted placement
  of a vehicle or rocket and any payload, crew, or space flight
  participant in a suborbital trajectory, earth orbit, or outer
  space, including activities involved in the preparation of a launch
  vehicle or payload for launch.
               (2)  "Reentry" means a purposeful return or attempt to
  return a reentry vehicle and the payload, crew, or a space flight
  participant from earth orbit or from outer space to earth.
               (3)  "Space flight participant" means an individual who
  is not a crew member and who participates in any space flight
  activities.
               (4)  "Space flight entity" means a person who has
  obtained the appropriate Federal Aviation Administration license
  or other authorization, including safety approval and a payload
  determination. The term includes:
                     (A)  a manufacturer or supplier of components,
  services, or vehicles used by the entity and reviewed by the Federal
  Aviation Administration as part of issuing the license or other
  authorization; and
                     (B)  an employee, officer, director, owner,
  stockholder, member, manager, or partner of the entity,
  manufacturer, or supplier.
               (5)  "Space flight activities" means activities and
  training in all phases of preparing for and undertaking space
  flight, including:
                     (A)  the preparation of a launch vehicle, payload,
  crew, or space flight participant for launch, space flight, and
  reentry;
                     (B)  the conduct of the launch;
                     (C)  conduct occurring between the launch and
  reentry;
                     (D)  the preparation of a reentry vehicle,
  payload, crew, or space flight participant for reentry;
                     (E)  the conduct of reentry and descent;
                     (F)  the conduct of the landing; and
                     (G)  the conduct of postlanding recovery of a
  reentry vehicle, payload, crew, or space flight participant.
               (6)  "Space flight participant injury" means an injury
  sustained by a space flight participant, including bodily injury,
  emotional distress, death, property damage, or any other loss
  arising from the individual's participation in space flight
  activities.
         Sec. 100F.002.  LIMITED LIABLITY. (a) Except as provided by
  Subsection (b), a space flight entity is not liable to any person
  for a space flight participant injury or damages arising out of the
  space flight participation injury if the space flight participant
  has signed the agreement required by Section 100F.003 and given
  written consent as required by 49 U.S.C. Section 70105.
         (b)  This section does not limit liability for an injury:
               (1)  proximately caused by the space flight entity's
  gross negligence evidencing wilful or wanton disregard for the
  safety of the space flight participant; or
               (2)  intentionally caused by the space flight entity.
         Sec. 100F.003.  WARNING REQUIRED. (a) A space flight
  participant must sign an agreement and warning statement before
  participating in any space flight activity. The agreement must
  include the following language and any other language required by
  federal law:
  AGREEMENT AND WARNING
  I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT
  LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT
  RESULTING FROM SPACE FLIGHT ACTIVITIES. I UNDERSTAND THAT I HAVE
  ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS
  THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES.
         (b)  An agreement under Subsection (a) is considered
  effective and enforceable if it is in writing and signed by the
  space flight participant and a competent witness.
         Sec. 100F.004.  AGREEMENT EFFECTIVE AND ENFORCEABLE. (a)  
  Except as provided by Subsection (b), an agreement between a space
  flight entity and a space flight participant limiting or otherwise
  affecting liability arising out of space flight activity is
  effective and enforceable and is not unconscionable or against
  public policy.
         (b)  An agreement described by this section may not limit
  liability for an injury:
               (1)  proximately caused by the space flight entity's
  gross negligence evidencing wilful or wanton disregard for the
  safety of the space flight participant; or
               (2)  intentionally caused by a space flight entity.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrues before the effective date
  of this Act is governed by the law in effect immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.