Texas 2013 - 83rd Regular

Texas House Bill HB1791 Compare Versions

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1	1	By: J. Davis of Harris, et al. H.B. No. 1791
2	2	(Senate Sponsor - Deuell)
3	3	(In the Senate - Received from the House May 1, 2013;
4	4	May 3, 2013, read first time and referred to Committee on Economic
5	5	Development; May 13, 2013, reported favorably by the following
6	6	vote: Yeas 5, Nays 0; May 13, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the facilitation and operation of space flight
12	12	activities in this state.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 100A.001, Civil Practice and Remedies
15	15	Code, is amended to read as follows:
16	16	Sec. 100A.001. DEFINITIONS. In this chapter:
17	17	(1) "Launch" means a placement or attempted placement
18	18	of a launch vehicle [or rocket] and spacecraft, if any, [payload,
19	19	crew, or space flight participant] in a suborbital trajectory,
20	20	earth orbit, or outer space, including activities involved in the
21	21	preparation of a launch vehicle or spacecraft [payload] for launch.
22	22	(1-a) "Launch vehicle" means any vehicle and its
23	23	stages or components designed to operate in or place spacecraft, if
24	24	any, in a suborbital trajectory, in earth orbit, or in outer space.
25	25	(2) "Reentry" means a [purposeful] return or attempt
26	26	to return of a launch vehicle, reentry vehicle, or spacecraft [and
27	27	the payload, the crew, or a space flight participant] from a
28	28	suborbital trajectory, from earth orbit, or from outer space to
29	29	earth, including activities involved in the recovery of a launch
30	30	vehicle, reentry vehicle, or spacecraft.
31	31	(2-a) "Reentry vehicle" means any vehicle, including
32	32	its stages or components, or spacecraft designed to return from
33	33	earth orbit or outer space to earth, or a reusable launch vehicle
34	34	designed to return from earth orbit or outer space to earth,
35	35	substantially intact.
36	36	(2-b) "Spacecraft" has the meaning assigned by Section
37	37	507.001, Local Government Code.
38	38	(3) "Space flight activities" means activities and
39	39	training in any phase [all phases] of preparing for and undertaking
40	40	space flight, including:
41	41	(A) the research, development, testing, or
42	42	manufacture of a launch vehicle, reentry vehicle, or spacecraft;
43	43	(B) the preparation of a launch vehicle, reentry
44	44	vehicle, payload, spacecraft, crew, or space flight participant for
45	45	launch, space flight, and reentry;
46	46	(C) [(B)] the conduct of the launch;
47	47	(D) [(C)] conduct occurring between the launch
48	48	and reentry;
49	49	(E) [(D)] the preparation of a launch vehicle,
50	50	reentry vehicle, payload, spacecraft, crew, or space flight
51	51	participant for reentry;
52	52	(F) [(E)] the conduct of reentry and descent;
53	53	(G) [(F)] the conduct of the landing; and
54	54	(H) [(G)] the conduct of postlanding recovery of
55	55	a launch vehicle, reentry vehicle, payload, spacecraft, crew, or
56	56	space flight participant.
57	57	(4) "Space flight entity" means a person who conducts
58	58	space flight activities and who, to the extent required by federal
59	59	law, has obtained the appropriate Federal Aviation Administration
60	60	license or other authorization, including safety approval and a
61	61	payload determination. The term includes:
62	62	(A) a manufacturer or supplier of components,
63	63	services, spacecraft, launch vehicles, or reentry vehicles used by
64	64	the entity and reviewed by the Federal Aviation Administration as
65	65	part of issuing the license or other authorization; [and]
66	66	(B) an employee, officer, director, owner,
67	67	stockholder, member, manager, advisor, or partner of the entity,
68	68	manufacturer, or supplier;
69	69	(C) an owner or lessor of real property on which
70	70	space flight activities are conducted, including a municipality,
71	71	county, political subdivision, or spaceport development
72	72	corporation under Section 507.001, Local Government Code, in this
73	73	state with a contractual relationship with a space flight entity;
74	74	and
75	75	(D) a municipality, county, economic development
76	76	organization, or other political subdivision in the territory or
77	77	extraterritorial jurisdiction of which space flight activities are
78	78	conducted.
79	79	(5) "Space flight participant" means an individual,
80	80	who is not crew, carried aboard a spacecraft, launch vehicle, or
81	81	reentry vehicle.
82	82	(6) "Space flight participant injury" means an injury
83	83	sustained by a space flight participant, including bodily injury,
84	84	emotional distress, death, disability, property damage, or any
85	85	other loss arising from the individual's participation in space
86	86	flight activities.
87	87	(7) "Crew" means a human being who performs activities
88	88	relating to the launch, reentry, or other operation of or in a
89	89	spacecraft, launch vehicle, or reentry vehicle.
90	90	SECTION 2. Section 100A.002, Civil Practice and Remedies
91	91	Code, is amended to read as follows:
92	92	Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided
93	93	by this section [Subsection (b)], a space flight entity is not
94	94	liable to any person for damages resulting from nuisance arising
95	95	from testing, launching, reentering, or landing or subject to any
96	96	claim for nuisance arising from testing, launching, reentering, or
97	97	landing.
98	98	(b) Except as provided by this section, a space flight
99	99	entity is not liable to any person for a space flight participant
100	100	injury or damages arising out of [the] space flight activities
101	101	[participant injury] if the space flight participant has signed the
102	102	agreement required by Section 100A.003 and given written consent as
103	103	required by 51 [49] U.S.C. Section 50905 [70105].
104	104	[(b)] This subsection [section] does not limit liability
105	105	for a space flight participant [an] injury:
106	106	(1) proximately caused by the space flight entity's
107	107	gross negligence evidencing wilful or wanton disregard for the
108	108	safety of the space flight participant; or
109	109	(2) intentionally caused by the space flight entity.
110	110	(c) This section precludes injunctive relief with respect
111	111	to space flight activities.
112	112	(d) This section does not:
113	113	(1) limit liability for breach of a contract for use of
114	114	real property by a space flight entity; or
115	115	(2) preclude an action by a federal or state
116	116	governmental entity to enforce a valid statute or regulation.
117	117	SECTION 3. Section 100A.003(b), Civil Practice and Remedies
118	118	Code, is amended to read as follows:
119	119	(b) An agreement under Subsection (a) is considered
120	120	effective and enforceable if it is:
121	121	(1) in writing;
122	122	(2) in a document separate from any other agreement
123	123	between the space flight participant and the space flight entity
124	124	other than a different warning, consent, or assumption of risk
125	125	statement;
126	126	(3) printed in not less than 10-point bold type; [and]
127	127	(4) signed by the space flight participant on behalf
128	128	of the space flight participant and any heirs, executors,
129	129	administrators, representatives, attorneys, successors, and
130	130	assignees of the space flight participant; and
131	131	(5) signed by a competent witness.
132	132	SECTION 4. Sections 507.001(2) and (3), Local Government
133	133	Code, are amended to read as follows:
134	134	(2) "Spacecraft" means any object and its components
135	135	designed to be launched for operations in a suborbital trajectory,
136	136	in earth orbit, or in outer space. The term includes a satellite, a
137	137	payload, an object carrying crew or a space flight participant, and
138	138	any subcomponents of the launch vehicle or reentry vehicle
139	139	specifically designed or adapted for that object [includes a
140	140	satellite].
141	141	(3) "Spaceport" includes:
142	142	(A) an area intended to be used for space flight
143	143	activities, as defined by Section 100A.001, Civil Practice and
144	144	Remedies Code [to launch or land a spacecraft];
145	145	(B) a spaceport building or facility located in
146	146	[on] an area reasonably proximate [appurtenant] to a launch
147	147	vehicle, reentry vehicle, or spacecraft launching or landing area;
148	148	(C) an area reasonably proximate [appurtenant]
149	149	to a launch vehicle, reentry vehicle, or spacecraft launching or
150	150	landing area that is intended for use for a spaceport building or
151	151	facility; and
152	152	(D) a right-of-way related to a launch vehicle,
153	153	reentry vehicle, or spacecraft launching or landing area, building,
154	154	facility, or other area that is reasonably proximate [appurtenant]
155	155	to a launching or landing area.
156	156	SECTION 5. Section 481.0069(d), Government Code, is amended
157	157	to read as follows:
158	158	(d) Money in the spaceport trust fund may not be spent
159	159	unless the office certifies to the comptroller that:
160	160	(1) a viable business entity has been established
161	161	that:
162	162	(A) has a business plan that demonstrates that
163	163	the entity has available the financial, managerial, and technical
164	164	expertise and capability necessary to launch and land a reusable
165	165	launch vehicle or spacecraft; and
166	166	(B) has committed to locating its facilities at a
167	167	spaceport in this state;
168	168	(2) a development corporation for spaceport
169	169	facilities created under Chapter 507, Local Government Code, has
170	170	established a development plan for the spaceport project and has
171	171	demonstrated the financial ability to fund [secured] at least 75
172	172	[90] percent of the funding required for the project; and
173	173	(3) the spaceport or launch operator, if required by
174	174	federal law, has obtained or applied for the appropriate Federal
175	175	Aviation Administration license or other appropriate
176	176	authorization.
177	177	SECTION 6. Section 42.01, Penal Code, is amended by adding
178	178	Subsection (g) to read as follows:
179	179	(g) Noise arising from space flight activities, as defined
180	180	by Section 100A.001, Civil Practice and Remedies Code, if lawfully
181	181	conducted, does not constitute "unreasonable noise" for purposes of
182	182	this section.
183	183	SECTION 7. The changes in law made by this Act apply only to
184	184	space flight activities that occur on or after the effective date of
185	185	this Act. Space flight activities that occur before the effective
186	186	date of this Act are governed by the law in effect immediately
187	187	before that date, and that law is continued in effect for that
188	188	purpose.
189	189	SECTION 8. This Act takes effect September 1, 2013.
190	190	* * * * *