Texas 2011 - 82nd Regular

Texas Senate Bill SB115 Compare Versions

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1	1	By: Uresti, Deuell S.B. No. 115
2	2	(Gallego)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limiting the liability of space flight entities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 4, Civil Practice and Remedies Code, is
10	10	amended by adding Chapter 100A to read as follows:
11	11	CHAPTER 100A. LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES
12	12	Sec. 100A.001. DEFINITIONS. In this chapter:
13	13	(1) "Launch" means a placement or attempted placement
14	14	of a vehicle or rocket and any payload, crew, or space flight
15	15	participant in a suborbital trajectory, earth orbit, or outer
16	16	space, including activities involved in the preparation of a launch
17	17	vehicle or payload for launch.
18	18	(2) "Reentry" means a purposeful return or attempt to
19	19	return a reentry vehicle and the payload, the crew, or a space
20	20	flight participant from earth orbit or from outer space to earth.
21	21	(3) "Space flight activities" means activities and
22	22	training in all phases of preparing for and undertaking space
23	23	flight, including:
24	24	(A) the preparation of a launch vehicle, payload,
25	25	crew, or space flight participant for launch, space flight, and
26	26	reentry;
27	27	(B) the conduct of the launch;
28	28	(C) conduct occurring between the launch and
29	29	reentry;
30	30	(D) the preparation of a reentry vehicle,
31	31	payload, crew, or space flight participant for reentry;
32	32	(E) the conduct of reentry and descent;
33	33	(F) the conduct of the landing; and
34	34	(G) the conduct of postlanding recovery of a
35	35	reentry vehicle, payload, crew, or space flight participant.
36	36	(4) "Space flight entity" means a person who has
37	37	obtained the appropriate Federal Aviation Administration license
38	38	or other authorization, including safety approval and a payload
39	39	determination. The term includes:
40	40	(A) a manufacturer or supplier of components,
41	41	services, or vehicles used by the entity and reviewed by the Federal
42	42	Aviation Administration as part of issuing the license or other
43	43	authorization; and
44	44	(B) an employee, officer, director, owner,
45	45	stockholder, member, manager, or partner of the entity,
46	46	manufacturer, or supplier.
47	47	(5) "Space flight participant" means an individual,
48	48	who is not crew, carried aboard a launch vehicle or reentry vehicle.
49	49	(6) "Space flight participant injury" means an injury
50	50	sustained by a space flight participant, including bodily injury,
51	51	emotional distress, death, property damage, or any other loss
52	52	arising from the individual's participation in space flight
53	53	activities.
54	54	Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided
55	55	by Subsection (b), a space flight entity is not liable to any person
56	56	for a space flight participant injury or damages arising out of the
57	57	space flight participant injury if the space flight participant has
58	58	signed the agreement required by Section 100A.003 and given written
59	59	consent as required by 49 U.S.C. Section 70105.
60	60	(b) This section does not limit liability for an injury:
61	61	(1) proximately caused by the space flight entity's
62	62	gross negligence evidencing wilful or wanton disregard for the
63	63	safety of the space flight participant; or
64	64	(2) intentionally caused by the space flight entity.
65	65	Sec. 100A.003. WARNING REQUIRED. (a) A space flight
66	66	participant must sign an agreement and warning statement before
67	67	participating in any space flight activity. The agreement must
68	68	include the following language and any other language required by
69	69	federal law:
70	70	AGREEMENT AND WARNING
71	71	I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT
72	72	LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT
73	73	RESULTING FROM SPACE FLIGHT ACTIVITIES. I UNDERSTAND THAT I HAVE
74	74	ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS
75	75	THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES.
76	76	(b) An agreement under Subsection (a) is considered
77	77	effective and enforceable if it is:
78	78	(1) in writing;
79	79	(2) in a document separate from any other agreement
80	80	between the space flight participant and the space flight entity
81	81	other than a different warning, consent, or assumption of risk
82	82	statement;
83	83	(3) printed in not less than 10-point bold type; and
84	84	(4) signed by the space flight participant and a
85	85	competent witness.
86	86	Sec. 100A.004. AGREEMENT EFFECTIVE AND ENFORCEABLE.
87	87	(a) Except as provided by Subsection (b), an agreement between a
88	88	space flight entity and a space flight participant limiting or
89	89	otherwise affecting liability arising out of space flight activity
90	90	is effective and enforceable and is not unconscionable or against
91	91	public policy.
92	92	(b) An agreement described by this section may not limit
93	93	liability for an injury:
94	94	(1) proximately caused by the space flight entity's
95	95	gross negligence evidencing wilful or wanton disregard for the
96	96	safety of the space flight participant; or
97	97	(2) intentionally caused by a space flight entity.
98	98	SECTION 2. The change in law made by this Act applies only
99	99	to a cause of action that accrues on or after the effective date of
100	100	this Act. A cause of action that accrues before the effective date
101	101	of this Act is governed by the law in effect immediately before the
102	102	effective date of this Act, and that law is continued in effect for
103	103	that purpose.
104	104	SECTION 3. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2011.