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A BILL TO BE ENTITLED
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AN ACT
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relating to the facilitation and operation of space flight |
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activities in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 100A.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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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 launch vehicle [or rocket] and any spacecraft [payload, crew,
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or space flight participant] in a suborbital trajectory, earth |
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orbit, or outer space, including activities involved in the |
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preparation of a launch vehicle or spacecraft [payload] for launch. |
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(1-a) "Launch vehicle" means any vehicle and its |
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components designed to operate in, or place spacecraft, if any, in a |
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suborbital trajectory, earth orbit, or otherwise in outer space. |
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(2) "Reentry" means a [purposeful] return or attempt |
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to return of a reentry vehicle or spacecraft [and the payload, the
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crew, or a space flight participant] from earth orbit or from outer |
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space to earth. |
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(2-a) "Spacecraft" has the meaning assigned by Section |
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507.001, Local Government Code. |
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(3) "Space flight activities" means activities and |
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training engaged in by a space flight entity in all phases of |
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preparing for and undertaking space flight, including: |
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(A) the research, development, testing, or |
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manufacture of a launch vehicle, reentry vehicle, or spacecraft or |
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components of a launch vehicle, reentry vehicle, or spacecraft; |
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(B) the preparation of a launch vehicle, |
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components of a launch vehicle, payload, spacecraft, crew, or space |
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flight participant for launch, space flight, and reentry; |
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(C) [(B)] the conduct of the launch; |
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(D) [(C)] conduct occurring between the launch |
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and reentry; |
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(E) [(D)] the preparation of a reentry vehicle, |
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components of a reentry vehicle, payload, spacecraft, crew, or |
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space flight participant for reentry; |
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(F) [(E)] the conduct of reentry and descent; |
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(G) [(F)] the conduct of the landing; and |
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(H) [(G)] the conduct of postlanding recovery of |
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a reentry vehicle, components of a reentry vehicle, payload, |
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spacecraft, crew, or space flight participant. |
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(4) "Space flight entity" means a person who conducts |
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space flight activities and who, to the extent required by federal |
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law, has obtained the appropriate Federal Aviation Administration |
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license or other authorization, including safety approval and a |
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payload 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, advisor, or partner of the entity, |
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manufacturer, or supplier; and |
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(C) an owner or lessor of real property on which |
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space flight activities are conducted, including a municipality, |
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county, political subdivision, or spaceport development |
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corporation under Section 507.001, Local Government Code, in this |
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state with a contractual relationship with a space flight entity. |
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(5) "Space flight participant" means an individual, |
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who is not crew, carried aboard a spacecraft, launch vehicle, or |
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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, disability, property damage, or any |
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other loss arising from the individual's participation in space |
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flight activities. |
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(7) "Crew" means a human being who performs activities |
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relating to the launch, reentry, or other operation of or in a |
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spacecraft or launch or reentry vehicle. |
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SECTION 2. Section 100A.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided |
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by this section [Subsection (b)], a space flight entity is not |
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liable to any person for direct or indirect damages resulting from |
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nuisance, or subject to any claim for abatement or other injunctive |
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relief arising from space flight activities. |
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(b) Except as provided by this section, a space flight |
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entity is not liable to any person for a space flight participant |
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injury or damages arising out of [the] space flight activities |
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[participant injury] if the space flight participant has signed the |
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agreement required by Section 100A.003 and given written consent as |
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required by 51 [49] U.S.C. Section 50905 [70105]. |
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[(b)] This subsection [section] does not limit liability |
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for a space flight participant [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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(c) Except as provided by Subsections (a) and (b), this |
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section precludes injunctive relief and limits damages that may be |
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recovered to direct damages with respect to space flight |
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activities. |
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(d) This section does not limit liability for: |
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(1) breach of a contract for use of real property by a |
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space flight entity; or |
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(2) enforcement of a valid statute or regulation. |
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SECTION 3. Section 100A.003(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) An agreement under Subsection (a) is considered |
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effective and enforceable if it is: |
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(1) in writing; |
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(2) in a document separate from any other agreement |
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between the space flight participant and the space flight entity |
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other than a different warning, consent, or assumption of risk |
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statement; |
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(3) printed in not less than 10-point bold type; [and] |
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(4) signed by the space flight participant on behalf |
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of the space flight participant and any heirs, executors, |
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administrators, representatives, attorneys, successors, and |
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assignees of the space flight participant; and |
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(5) signed by a competent witness. |
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SECTION 4. Sections 507.001(2) and (3), Local Government |
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Code, are amended to read as follows: |
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(2) "Spacecraft" means any object and its components |
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designed to be launched for operations in a suborbital trajectory, |
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earth orbit, or otherwise in outer space. The term includes a |
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satellite, an object carrying crew or a space flight participant, |
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and any subcomponents of the launch or reentry vehicle specifically |
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designed or adapted for that object [includes a satellite]. |
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(3) "Spaceport" includes: |
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(A) an area intended to be used for space flight |
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activities, as defined by Section 100A.001, Civil Practice and |
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Remedies Code [to launch or land a spacecraft]; |
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(B) a spaceport building or facility located in |
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[on] an area reasonably proximate [appurtenant] to a spacecraft |
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launching or landing area; |
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(C) an area reasonably proximate [appurtenant] |
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to a spacecraft launching or landing area that is intended for use |
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for a spaceport building or facility; and |
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(D) a right-of-way related to a spacecraft |
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launching or landing area, building, facility, or other area that |
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is reasonably proximate [appurtenant] to a launching or landing |
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area. |
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SECTION 5. Section 481.0069(d), Government Code, is amended |
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to read as follows: |
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(d) Money in the spaceport trust fund may not be spent |
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unless the office certifies to the comptroller that: |
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(1) a viable business entity has been established |
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that: |
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(A) has a business plan that demonstrates that |
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the entity has available the financial, managerial, and technical |
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expertise and capability necessary to launch and land a reusable |
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launch vehicle; and |
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(B) has committed to locating its facilities at a |
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spaceport in this state; |
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(2) a development corporation for spaceport |
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facilities created under Chapter 507, Local Government Code, has |
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established a development plan for the spaceport project and has |
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secured at least 90 percent of the funding required for the project; |
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and |
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(3) the spaceport or launch operator, if required by |
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federal law, has obtained or applied for the appropriate Federal |
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Aviation Administration license or other appropriate |
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authorization. |
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SECTION 6. Section 42.01, Penal Code, is amended by adding |
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Subsection (g) to read as follows: |
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(g) Noise arising from lawful space flight activities, as |
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defined by Section 100A.001, Civil Practice and Remedies Code, does |
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not constitute "unreasonable noise" for purposes of this section. |
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SECTION 7. The changes in law made by this Act apply only to |
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space flight activities that occur on or after the effective date of |
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this Act. Space flight activities that occur before the effective |
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date of this Act are governed by the law in effect immediately |
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before that date, and that law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2013. |