89R24040 JRR-F
 
  By: Cook, Lalani, Harris Davila, H.B. No. 3134
      Perez of Harris, Gerdes, et al.
 
  Substitute the following for H.B. No. 3134:
 
  By:  Curry C.S.H.B. No. 3134
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to advanced air mobility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 21, Transportation Code,
  is amended by adding Section 21.073 to read as follows:
         Sec. 21.073.  ADVANCED AIR MOBILITY. (a) In this section:
               (1)  "Advanced air mobility" means an air
  transportation system primarily using electric or hybrid aircraft,
  including electric vertical takeoff and landing aircraft and
  electric conventional takeoff and landing aircraft, with a gross
  takeoff weight of 300 pounds or more to transport passengers or
  cargo or provide services in an urban or regional setting.
               (2)  "Powered lift aircraft" means an aircraft capable
  of vertical takeoff, vertical landing, and low-speed flight that
  depends principally on:
                     (A)  engine-driven lift devices or engine thrust
  for lift during vertical takeoff or vertical landing; and
                     (B)  nonrotating airfoil for lift during
  horizontal flight.
               (3)  "Vertiport" means an area of land, an area of
  water, or a structure, including associated buildings and
  facilities, that is used or intended to be used for landing or
  takeoff of advanced air mobility aircraft.
         (b)  A provision of this section applicable to powered lift
  aircraft or electric aircraft, including electric vertical takeoff
  and landing aircraft and electric conventional takeoff and landing
  aircraft, applies only to an aircraft that:
               (1)  has a gross takeoff weight of 300 pounds or more;
  and
               (2)  is capable of transporting passengers or cargo.
         (c)  To ensure the implementation of the highest level of
  public safety protocols and to ensure airspace efficiency, the
  department shall:
               (1)  establish an office within the aviation division
  of the department to provide technical support for advanced air
  mobility infrastructure at airports in this state, with a
  particular focus on electric aircraft and autonomous aircraft;
               (2)  develop a statewide strategic plan for advanced
  air mobility in collaboration with the United States Department of
  Transportation, the Federal Aviation Administration, commercial
  air carriers, political subdivisions of this state that own or
  control an airport, and any other relevant stakeholders;
               (3)  in collaboration with the United States Department
  of Transportation, the Federal Aviation Administration, commercial
  air carriers, political subdivisions of this state that own or
  control an airport, and any other relevant stakeholders, identify
  methods to encourage the use of uniform vertiport standards and
  support uniform planning and zoning enabling provisions relating to
  powered lift aircraft, autonomous aircraft, electric aviation, and
  other advances in aviation technology across the state;
               (4)  in conjunction with the Public Utility Commission
  of Texas and an independent organization certified under Section
  39.151, Utilities Code, estimate the required electric generation
  and transmission capacity for the different implementation phases
  of advanced air mobility in this state and evaluate the use of other
  fuel sources with respect to advanced air mobility;
               (5)  in collaboration with the United States Department
  of Transportation and the Federal Aviation Administration, develop
  and provide to political subdivisions, regional councils of
  governments, and other appropriate governmental entities a
  guidebook and technical resources to support uniform planning and
  zoning provisions across this state relating to powered lift
  aircraft, electric aircraft and aviation, vertiports, and other
  advances in advanced air mobility technology to ensure public
  safety and airspace efficiency;
               (6)  in collaboration with the office of the governor,
  the Texas Education Agency, and the Texas Higher Education
  Coordinating Board, develop and lead a statewide education campaign
  for local and regional public officials on the benefits of advanced
  air mobility aircraft and advancements in aviation technology;
               (7)  develop and publish materials on the department's
  Internet website to inform public officials, members of the public,
  the aviation community, and recreational users of unmanned aircraft
  of advanced air mobility and developments in that technology; and
               (8)  establish and administer a program under which the
  department provides matching funds on behalf of public institutions
  of higher education in this state in order to receive federal grants
  relating to research and development of advanced air mobility in
  this state.
         (d)  The department, the office of the governor, the Texas
  Education Agency, and the Texas Higher Education Coordinating Board
  shall jointly collaborate with school districts, institutions of
  higher education, and interested public and private stakeholders on
  educational opportunities relating to advanced air mobility
  technology.
         (e)  The statewide strategic plan developed under Subsection
  (c)(2) must:
               (1)  ensure public safety and airspace efficiency;
               (2)  prioritize public safety and ensure airspace
  efficiency by determining short-term, medium-term, and long-term
  goals for advanced air mobility in this state and the associated
  economic impact of achieving those goals; and
               (3)  comprehensively address all aspects of advanced
  air mobility in this state, including:
                     (A)  advanced air mobility use cases;
                     (B)  existing infrastructure and necessary
  infrastructure upgrades, including upgrades enabling autonomous
  operations;
                     (C)  regulatory best practices; and
                     (D)  updates to the Texas Airport System Plan to
  include vertiports, electric aircraft charging, and the
  infrastructure needs of other advances in aviation technology as
  appropriate.
         (f)  In carrying out the requirements of Subsections (c) and
  (e)(3), the department shall consult with the United States
  Department of Transportation, the Federal Aviation Administration,
  commercial air carriers, political subdivisions of this state that
  own or control an airport, and any other relevant stakeholders.
         (g)  The commission shall adopt rules to implement the
  program established under Subsection (c)(8). The rules must
  specify a minimum percentage of additional matching funds that must
  be provided by the advanced air mobility industry or other persons
  as a condition of receiving matching funds from the department
  under the program.
         (h)  The office established under Subsection (c)(1), in
  exercising its duties, shall establish working relationships with
  the United States Department of Transportation, the Federal
  Aviation Administration, commercial air carriers, political
  subdivisions of this state that own or control an airport, and any
  other relevant stakeholders.
         (i)  A political subdivision of this state may not enact,
  adopt, or enforce a rule, ordinance, order, resolution, or other
  regulation relating to advanced air mobility, the ownership of an
  advanced air mobility aircraft, or the aerial operation of an
  advanced air mobility aircraft unless the political subdivision is
  an airport operator.
         SECTION 2.  Section 21.072, Transportation Code, is
  repealed.
         SECTION 3.  This Act takes effect September 1, 2025.