89R13044 JRR-F
 
  By: Cook 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 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 powered lift 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)  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 industry and community
  representatives;
               (3)  identify methods to encourage the use of
  consensus-based 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)  develop and provide to local governments, regional
  councils of government, 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, and other
  advances in aviation technology;
               (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 electric
  powered lift 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)  include 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
               (2)  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)  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.
         (g)  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:
               (1)  the political subdivision is an airport operator;
  and
               (2)  the regulation governs:
                     (A)  the operation of an advanced air mobility
  aircraft within the geographic boundaries of the airport for which
  the political subdivision is the airport operator; or
                     (B)  the takeoff or landing of an advanced air
  mobility aircraft at an airport described by Paragraph (A).
         SECTION 2.  Section 21.072, Transportation Code, is
  repealed.
         SECTION 3.  This Act takes effect September 1, 2025.