Texas 2009 - 81st Regular

Texas House Bill HB1679 Compare Versions

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1	1	81R22764 CAE-F
2	2	By: Gallego H.B. No. 1679
3	3	Substitute the following for H.B. No. 1679:
4	4	By: Hughes C.S.H.B. No. 1679
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to limiting the liability of space flight entities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 4, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 100F to read as follows:
13	13	CHAPTER 100F. LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES
14	14	Sec. 100F.001. DEFINITIONS. In this chapter:
15	15	(1) "Launch" means a placement or attempted placement
16	16	of a vehicle or rocket and any payload, crew, or space flight
17	17	participant in a suborbital trajectory, earth orbit, or outer
18	18	space, including activities involved in the preparation of a launch
19	19	vehicle or payload for launch.
20	20	(2) "Reentry" means a purposeful return or attempt to
21	21	return a reentry vehicle and the payload, crew, or a space flight
22	22	participant from earth orbit or from outer space to earth.
23	23	(3) "Space flight participant" means an individual,
24	24	who is not crew, carried aboard a launch vehicle or reentry vehicle.
25	25	(4) "Space flight entity" means a person who has
26	26	obtained the appropriate Federal Aviation Administration license
27	27	or other authorization, including safety approval and a payload
28	28	determination. The term includes:
29	29	(A) a manufacturer or supplier of components,
30	30	services, or vehicles used by the entity and reviewed by the Federal
31	31	Aviation Administration as part of issuing the license or other
32	32	authorization; and
33	33	(B) an employee, officer, director, owner,
34	34	stockholder, member, manager, or partner of the entity,
35	35	manufacturer, or supplier.
36	36	(5) "Space flight activities" means activities and
37	37	training in all phases of preparing for and undertaking space
38	38	flight, including:
39	39	(A) the preparation of a launch vehicle, payload,
40	40	crew, or space flight participant for launch, space flight, and
41	41	reentry;
42	42	(B) the conduct of the launch;
43	43	(C) conduct occurring between the launch and
44	44	reentry;
45	45	(D) the preparation of a reentry vehicle,
46	46	payload, crew, or space flight participant for reentry;
47	47	(E) the conduct of reentry and descent;
48	48	(F) the conduct of the landing; and
49	49	(G) the conduct of postlanding recovery of a
50	50	reentry vehicle, payload, crew, or space flight participant.
51	51	(6) "Space flight participant injury" means an injury
52	52	sustained by a space flight participant, including bodily injury,
53	53	emotional distress, death, property damage, or any other loss
54	54	arising from the individual's participation in space flight
55	55	activities.
56	56	Sec. 100F.002. LIMITED LIABLITY. (a) Except as provided by
57	57	Subsection (b), a space flight entity is not liable to any person
58	58	for a space flight participant injury or damages arising out of the
59	59	space flight participation injury if the space flight participant
60	60	has signed the agreement required by Section 100F.003 and given
61	61	written consent as required by 49 U.S.C. Section 70105.
62	62	(b) This section does not limit liability for an injury:
63	63	(1) proximately caused by the space flight entity's
64	64	gross negligence evidencing wilful or wanton disregard for the
65	65	safety of the space flight participant; or
66	66	(2) intentionally caused by the space flight entity.
67	67	Sec. 100F.003. WARNING REQUIRED. (a) A space flight
68	68	participant must sign an agreement and warning statement before
69	69	participating in any space flight activity. The agreement must
70	70	include the following language and any other language required by
71	71	federal law:
72	72	AGREEMENT AND WARNING
73	73	I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT
74	74	LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT
75	75	RESULTING FROM SPACE FLIGHT ACTIVITIES. I UNDERSTAND THAT I HAVE
76	76	ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS
77	77	THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES.
78	78	(b) An agreement under Subsection (a) is considered
79	79	effective and enforceable if it is in writing and signed by the
80	80	space flight participant and a competent witness.
81	81	Sec. 100F.004. AGREEMENT EFFECTIVE AND ENFORCEABLE. (a)
82	82	Except as provided by Subsection (b), an agreement between a space
83	83	flight entity and a space flight participant limiting or otherwise
84	84	affecting liability arising out of space flight activity is
85	85	effective and enforceable and is not unconscionable or against
86	86	public policy.
87	87	(b) An agreement described by this section may not limit
88	88	liability for an injury:
89	89	(1) proximately caused by the space flight entity's
90	90	gross negligence evidencing wilful or wanton disregard for the
91	91	safety of the space flight participant; or
92	92	(2) intentionally caused by a space flight entity.
93	93	SECTION 2. The change in law made by this Act applies only
94	94	to a cause of action that accrues on or after the effective date of
95	95	this Act. A cause of action that accrues before the effective date
96	96	of this Act is governed by the law in effect immediately before the
97	97	effective date of this Act, and that law is continued in effect for
98	98	that purpose.
99	99	SECTION 3. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2009.