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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the liability of space flight entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100A to read as follows: |
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CHAPTER 100A. LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES |
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Sec. 100A.001. DEFINITIONS. In this chapter: |
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(1) "Launch" means a placement or attempted placement |
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of a vehicle or rocket and any payload, crew, or space flight |
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participant in a suborbital trajectory, earth orbit, or outer |
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space, including activities involved in the preparation of a launch |
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vehicle or payload for launch. |
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(2) "Reentry" means a purposeful return or attempt to |
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return a reentry vehicle and the payload, the crew, or a space |
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flight participant from earth orbit or from outer space to earth. |
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(3) "Space flight activities" means activities and |
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training in all phases of preparing for and undertaking space |
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flight, including: |
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(A) the preparation of a launch vehicle, payload, |
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crew, or space flight participant for launch, space flight, and |
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reentry; |
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(B) the conduct of the launch; |
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(C) conduct occurring between the launch and |
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reentry; |
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(D) the preparation of a reentry vehicle, |
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payload, crew, or space flight participant for reentry; |
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(E) the conduct of reentry and descent; |
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(F) the conduct of the landing; and |
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(G) the conduct of postlanding recovery of a |
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reentry vehicle, payload, crew, or space flight participant. |
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(4) "Space flight entity" means a person who has |
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obtained the appropriate Federal Aviation Administration license |
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or other authorization, including safety approval and a payload |
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determination. The term includes: |
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(A) a manufacturer or supplier of components, |
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services, or vehicles used by the entity and reviewed by the Federal |
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Aviation Administration as part of issuing the license or other |
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authorization; and |
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(B) an employee, officer, director, owner, |
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stockholder, member, manager, or partner of the entity, |
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manufacturer, or supplier. |
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(5) "Space flight participant" means an individual, |
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who is not crew, carried aboard a launch vehicle or reentry vehicle. |
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(6) "Space flight participant injury" means an injury |
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sustained by a space flight participant, including bodily injury, |
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emotional distress, death, property damage, or any other loss |
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arising from the individual's participation in space flight |
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activities. |
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Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided |
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by Subsection (b), a space flight entity is not liable to any person |
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for a space flight participant injury or damages arising out of the |
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space flight participant injury if the space flight participant has |
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signed the agreement required by Section 100A.003 and given written |
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consent as required by 49 U.S.C. Section 70105. |
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(b) This section does not limit liability for an injury: |
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(1) proximately caused by the space flight entity's |
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gross negligence evidencing wilful or wanton disregard for the |
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safety of the space flight participant; or |
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(2) intentionally caused by the space flight entity. |
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Sec. 100A.003. WARNING REQUIRED. (a) A space flight |
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participant must sign an agreement and warning statement before |
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participating in any space flight activity. The agreement must |
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include the following language and any other language required by |
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federal law: |
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AGREEMENT AND WARNING |
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I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT |
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LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT |
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RESULTING FROM SPACE FLIGHT ACTIVITIES. I UNDERSTAND THAT I HAVE |
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ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS |
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THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES. |
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(b) An agreement under Subsection (a) is considered |
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effective and enforceable if it is in writing and signed by the |
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space flight participant and a competent witness. |
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Sec. 100A.004. AGREEMENT EFFECTIVE AND ENFORCEABLE. (a) |
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Except as provided by Subsection (b), an agreement between a space |
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flight entity and a space flight participant limiting or otherwise |
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affecting liability arising out of space flight activity is |
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effective and enforceable and is not unconscionable or against |
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public policy. |
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(b) An agreement described by this section may not limit |
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liability for an injury: |
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(1) proximately caused by the space flight entity's |
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gross negligence evidencing wilful or wanton disregard for the |
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safety of the space flight participant; or |
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(2) intentionally caused by a space flight entity. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |