Texas 2009 - 81st Regular

Texas Senate Bill SB2105 Compare Versions

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1	1	By: Uresti, Deuell S.B. No. 2105
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to limiting the liability of space flight entities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 4, Civil Practice and Remedies Code, is
9	9	amended by adding Chapter 100F to read as follows:
10	10	CHAPTER 100F. LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES
11	11	Sec. 100F.001. DEFINITIONS. In this chapter:
12	12	(1) "Launch" means a placement or attempted placement
13	13	of a vehicle or rocket and any payload, crew, or space flight
14	14	participant in a suborbital trajectory, earth orbit, or outer
15	15	space, including activities involved in the preparation of a launch
16	16	vehicle or payload for launch.
17	17	(2) "Reentry" means a purposeful return or attempt to
18	18	return a reentry vehicle and the payload, crew, or a space flight
19	19	participant from earth orbit or from outer space to earth.
20	20	(3) "Space flight participant" means an individual,
21	21	who is not crew, carried aboard a launch vehicle or reentry vehicle.
22	22	(4) "Space flight entity" means a person who has
23	23	obtained the appropriate Federal Aviation Administration license
24	24	or other authorization, including safety approval and a payload
25	25	determination. The term includes:
26	26	(A) a manufacturer or supplier of components,
27	27	services, or vehicles used by the entity and reviewed by the Federal
28	28	Aviation Administration as part of issuing the license or other
29	29	authorization; and
30	30	(B) an employee, officer, director, owner,
31	31	stockholder, member, manager, or partner of the entity,
32	32	manufacturer, or supplier.
33	33	(5) "Space flight activities" means activities and
34	34	training in all phases of preparing for and undertaking space
35	35	flight, including:
36	36	(A) the preparation of a launch vehicle, payload,
37	37	crew, or space flight participant for launch, space flight, and
38	38	reentry;
39	39	(B) the conduct of the launch;
40	40	(C) conduct occurring between the launch and
41	41	reentry;
42	42	(D) the preparation of a reentry vehicle,
43	43	payload, crew, or space flight participant for reentry;
44	44	(E) the conduct of reentry and descent;
45	45	(F) the conduct of the landing; and
46	46	(G) the conduct of postlanding recovery of a
47	47	reentry vehicle, payload, crew, or space flight participant.
48	48	(6) "Space flight participant injury" means an injury
49	49	sustained by a space flight participant, including bodily injury,
50	50	emotional distress, death, property damage, or any other loss
51	51	arising from the individual's participation in space flight
52	52	activities.
53	53	Sec. 100F.002. LIMITED LIABLITY. (a) Except as provided
54	54	by Subsection (b), a space flight entity is not liable to any person
55	55	for a space flight participant injury or damages arising out of the
56	56	space flight participation injury if the space flight participant
57	57	has signed the agreement required by Section 100F.003 and given
58	58	written consent as required by 49 U.S.C. Section 70105.
59	59	(b) This section does not limit liability for an injury:
60	60	(1) proximately caused by the space flight entity's
61	61	gross negligence evidencing wilful or wanton disregard for the
62	62	safety of the space flight participant; or
63	63	(2) intentionally caused by the space flight entity.
64	64	Sec. 100F.003. WARNING REQUIRED. (a) A space flight
65	65	participant must sign an agreement and warning statement before
66	66	participating in any space flight activity. The agreement must
67	67	include the following language and any other language required by
68	68	federal law:
69	69	AGREEMENT AND WARNING
70	70	I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT
71	71	LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT
72	72	RESULTING FROM SPACE FLIGHT ACTIVITIES. I UNDERSTAND THAT I HAVE
73	73	ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS
74	74	THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES.
75	75	(b) An agreement under Subsection (a) is considered
76	76	effective and enforceable if it is in writing and signed by the
77	77	space flight participant and a competent witness.
78	78	Sec. 100F.004. AGREEMENT EFFECTIVE AND ENFORCEABLE.
79	79	(a) Except as provided by Subsection (b), an agreement between a
80	80	space flight entity and a space flight participant limiting or
81	81	otherwise affecting liability arising out of space flight activity
82	82	is effective and enforceable and is not unconscionable or against
83	83	public policy.
84	84	(b) An agreement described by this section may not limit
85	85	liability for an injury:
86	86	(1) proximately caused by the space flight entity's
87	87	gross negligence evidencing wilful or wanton disregard for the
88	88	safety of the space flight participant; or
89	89	(2) intentionally caused by a space flight entity.
90	90	SECTION 2. The change in law made by this Act applies only
91	91	to a cause of action that accrues on or after the effective date of
92	92	this Act. A cause of action that accrues before the effective date
93	93	of this Act is governed by the law in effect immediately before the
94	94	effective date of this Act, and that law is continued in effect for
95	95	that purpose.
96	96	SECTION 3. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2009.