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