| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability protections for commercial space flight and |
|
|
exploration. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 100A.001(5), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(5) "Space flight participant" means an individual[, |
|
|
who is not crew,] carried aboard a spacecraft, launch vehicle, or |
|
|
reentry vehicle. |
|
|
SECTION 2. Section 100A.003(b), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(b) An agreement under Subsection (a) is considered |
|
|
effective and enforceable if it is: |
|
|
(1) in writing; |
|
|
(2) in a document separate from any other agreement |
|
|
between the space flight participant and the space flight entity |
|
|
other than a different warning, consent, or assumption of risk |
|
|
statement; |
|
|
(3) printed in not less than 10-point bold type; and |
|
|
(4) signed by the space flight participant on behalf |
|
|
of the space flight participant and any heirs, executors, |
|
|
administrators, representatives, attorneys, successors, and |
|
|
assignees of the space flight participant[; and |
|
|
[(5) signed by a competent witness]. |
|
|
SECTION 3. Chapter 100A, Civil Practice and Remedies Code, |
|
|
is amended by adding Section 100A.005 to read as follows: |
|
|
Sec. 100A.005. RECOGNITION OF RECIPROCAL WAIVER OF CLAIMS. |
|
|
A reciprocal waiver of claims between parties engaged in space |
|
|
flight activities under the Federal Aviation Regulations in 14 |
|
|
C.F.R. Section 440.17 is effective and enforceable in this state, |
|
|
including a waiver by a contractor, subcontractor, or customer of |
|
|
any party participating in a space flight activity. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after the effective date of |
|
|
this Act. A cause of action that accrues before the effective date |
|
|
of this Act is governed by the law applicable to the cause of action |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |