Texas 2011 - 82nd Regular

Texas House Bill HB245 Compare Versions

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1	1	82R12652 CAE-F
2	2	By: Gallego, Lewis H.B. No. 245
3	3	Substitute the following for H.B. No. 245:
4	4	By: S. Davis of Harris C.S.H.B. No. 245
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 100A to read as follows:
13	13	CHAPTER 100A. LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES
14	14	Sec. 100A.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, the crew, or a space
22	22	flight participant from earth orbit or from outer space to earth.
23	23	(3) "Space flight activities" means activities and
24	24	training in all phases of preparing for and undertaking space
25	25	flight, including:
26	26	(A) the preparation of a launch vehicle, payload,
27	27	crew, or space flight participant for launch, space flight, and
28	28	reentry;
29	29	(B) the conduct of the launch;
30	30	(C) conduct occurring between the launch and
31	31	reentry;
32	32	(D) the preparation of a reentry vehicle,
33	33	payload, crew, or space flight participant for reentry;
34	34	(E) the conduct of reentry and descent;
35	35	(F) the conduct of the landing; and
36	36	(G) the conduct of postlanding recovery of a
37	37	reentry vehicle, payload, crew, or space flight participant.
38	38	(4) "Space flight entity" means a person who has
39	39	obtained the appropriate Federal Aviation Administration license
40	40	or other authorization, including safety approval and a payload
41	41	determination. The term includes:
42	42	(A) a manufacturer or supplier of components,
43	43	services, or vehicles used by the entity and reviewed by the Federal
44	44	Aviation Administration as part of issuing the license or other
45	45	authorization; and
46	46	(B) an employee, officer, director, owner,
47	47	stockholder, member, manager, or partner of the entity,
48	48	manufacturer, or supplier.
49	49	(5) "Space flight participant" means an individual,
50	50	who is not crew, carried aboard a launch vehicle or reentry vehicle.
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. 100A.002. LIMITED LIABILITY. (a) Except as provided
57	57	by 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 participant injury if the space flight participant has
60	60	signed the agreement required by Section 100A.003 and given written
61	61	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. 100A.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:
80	80	(1) in writing;
81	81	(2) in a document separate from any other agreement
82	82	between the space flight participant and the space flight entity
83	83	other than a different warning, consent, or assumption of risk
84	84	statement;
85	85	(3) printed in not less than 10-point bold type; and
86	86	(4) signed by the space flight participant and a
87	87	competent witness.
88	88	Sec. 100A.004. AGREEMENT EFFECTIVE AND ENFORCEABLE. (a)
89	89	Except as provided by Subsection (b), an agreement between a space
90	90	flight entity and a space flight participant limiting or otherwise
91	91	affecting liability arising out of space flight activity is
92	92	effective and enforceable and is not unconscionable or against
93	93	public policy.
94	94	(b) An agreement described by this section may not limit
95	95	liability for an injury:
96	96	(1) proximately caused by the space flight entity's
97	97	gross negligence evidencing wilful or wanton disregard for the
98	98	safety of the space flight participant; or
99	99	(2) intentionally caused by a space flight entity.
100	100	SECTION 2. The change in law made by this Act applies only
101	101	to a cause of action that accrues on or after the effective date of
102	102	this Act. A cause of action that accrues before the effective date
103	103	of this Act is governed by the law in effect immediately before the
104	104	effective date of this Act, and that law is continued in effect for
105	105	that purpose.
106	106	SECTION 3. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2011.