Texas 2013 - 83rd Regular

Texas Senate Bill SB1636 Compare Versions

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1	1	By: Deuell S.B. No. 1636
2	2	(J. Davis of Harris, Lucio III, Oliveira, Anderson,
3	3	Vo)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the facilitation and operation of space flight
9	9	activities in this state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 100A.001, Civil Practice and Remedies
12	12	Code, is amended to read as follows:
13	13	Sec. 100A.001. DEFINITIONS. In this chapter:
14	14	(1) "Launch" means a placement or attempted placement
15	15	of a launch vehicle [or rocket] and spacecraft, if any, [payload,
16	16	crew, or space flight participant] in a suborbital trajectory,
17	17	earth orbit, or outer space, including activities involved in the
18	18	preparation of a launch vehicle or spacecraft [payload] for launch.
19	19	(1-a) "Launch vehicle" means any vehicle and its
20	20	stages or components designed to operate in or place spacecraft, if
21	21	any, in a suborbital trajectory, in earth orbit, or in outer space.
22	22	(2) "Reentry" means a [purposeful] return or attempt
23	23	to return of a launch vehicle, reentry vehicle, or spacecraft [and
24	24	the payload, the crew, or a space flight participant] from a
25	25	suborbital trajectory, from earth orbit, or from outer space to
26	26	earth, including activities involved in the recovery of a launch
27	27	vehicle, reentry vehicle, or spacecraft.
28	28	(2-a) "Reentry vehicle" means any vehicle, including
29	29	its stages or components, or spacecraft designed to return from
30	30	earth orbit or outer space to earth, or a reusable launch vehicle
31	31	designed to return from earth orbit or outer space to earth,
32	32	substantially intact.
33	33	(2-b) "Spacecraft" has the meaning assigned by Section
34	34	507.001, Local Government Code.
35	35	(3) "Space flight activities" means activities and
36	36	training in any phase [all phases] of preparing for and undertaking
37	37	space flight, including:
38	38	(A) the research, development, testing, or
39	39	manufacture of a launch vehicle, reentry vehicle, or spacecraft;
40	40	(B) the preparation of a launch vehicle, reentry
41	41	vehicle, payload, spacecraft, crew, or space flight participant for
42	42	launch, space flight, and reentry;
43	43	(C) [(B)] the conduct of the launch;
44	44	(D) [(C)] conduct occurring between the launch
45	45	and reentry;
46	46	(E) [(D)] the preparation of a launch vehicle,
47	47	reentry vehicle, payload, spacecraft, crew, or space flight
48	48	participant for reentry;
49	49	(F) [(E)] the conduct of reentry and descent;
50	50	(G) [(F)] the conduct of the landing; and
51	51	(H) [(G)] the conduct of postlanding recovery of
52	52	a launch vehicle, reentry vehicle, payload, spacecraft, crew, or
53	53	space flight participant.
54	54	(4) "Space flight entity" means a person who conducts
55	55	space flight activities and who, to the extent required by federal
56	56	law, has obtained the appropriate Federal Aviation Administration
57	57	license or other authorization, including safety approval and a
58	58	payload determination. The term includes:
59	59	(A) a manufacturer or supplier of components,
60	60	services, spacecraft, launch vehicles, or reentry vehicles used by
61	61	the entity and reviewed by the Federal Aviation Administration as
62	62	part of issuing the license or other authorization; [and]
63	63	(B) an employee, officer, director, owner,
64	64	stockholder, member, manager, advisor, or partner of the entity,
65	65	manufacturer, or supplier;
66	66	(C) an owner or lessor of real property on which
67	67	space flight activities are conducted, including a municipality,
68	68	county, political subdivision, or spaceport development
69	69	corporation under Section 507.001, Local Government Code, in this
70	70	state with a contractual relationship with a space flight entity;
71	71	and
72	72	(D) a municipality, county, economic development
73	73	organization, or other political subdivision in the territory or
74	74	extraterritorial jurisdiction of which space flight activities are
75	75	conducted.
76	76	(5) "Space flight participant" means an individual,
77	77	who is not crew, carried aboard a spacecraft, launch vehicle, or
78	78	reentry vehicle.
79	79	(6) "Space flight participant injury" means an injury
80	80	sustained by a space flight participant, including bodily injury,
81	81	emotional distress, death, disability, property damage, or any
82	82	other loss arising from the individual's participation in space
83	83	flight activities.
84	84	(7) "Crew" means a human being who performs activities
85	85	relating to the launch, reentry, or other operation of or in a
86	86	spacecraft, launch vehicle, or reentry vehicle.
87	87	SECTION 2. Section 100A.002, Civil Practice and Remedies
88	88	Code, is amended to read as follows:
89	89	Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided
90	90	by this section [Subsection (b)], a space flight entity is not
91	91	liable to any person for damages resulting from nuisance arising
92	92	from testing, launching, reentering, or landing or subject to any
93	93	claim for nuisance arising from testing, launching, reentering, or
94	94	landing.
95	95	(b) Except as provided by this section, a space flight
96	96	entity is not liable to any person for a space flight participant
97	97	injury or damages arising out of [the] space flight activities
98	98	[participant injury] if the space flight participant has signed the
99	99	agreement required by Section 100A.003 and given written consent as
100	100	required by 51 [49] U.S.C. Section 50905 [70105].
101	101	[(b)] This subsection [section] does not limit liability
102	102	for a space flight participant [an] injury:
103	103	(1) proximately caused by the space flight entity's
104	104	gross negligence evidencing wilful or wanton disregard for the
105	105	safety of the space flight participant; or
106	106	(2) intentionally caused by the space flight entity.
107	107	(c) This section precludes injunctive relief with respect
108	108	to space flight activities.
109	109	(d) This section does not:
110	110	(1) limit liability for breach of a contract for use of
111	111	real property by a space flight entity; or
112	112	(2) preclude an action by a federal or state
113	113	governmental entity to enforce a valid statute or regulation.
114	114	SECTION 3. Subsection (b), Section 100A.003, Civil Practice
115	115	and Remedies Code, is amended to read as follows:
116	116	(b) An agreement under Subsection (a) is considered
117	117	effective and enforceable if it is:
118	118	(1) in writing;
119	119	(2) in a document separate from any other agreement
120	120	between the space flight participant and the space flight entity
121	121	other than a different warning, consent, or assumption of risk
122	122	statement;
123	123	(3) printed in not less than 10-point bold type; [and]
124	124	(4) signed by the space flight participant on behalf
125	125	of the space flight participant and any heirs, executors,
126	126	administrators, representatives, attorneys, successors, and
127	127	assignees of the space flight participant; and
128	128	(5) signed by a competent witness.
129	129	SECTION 4. Subdivisions (2) and (3), Section 507.001, Local
130	130	Government Code, are amended to read as follows:
131	131	(2) "Spacecraft" means any object and its components
132	132	designed to be launched for operations in a suborbital trajectory,
133	133	in earth orbit, or in outer space. The term includes a satellite, a
134	134	payload, an object carrying crew or a space flight participant, and
135	135	any subcomponents of the launch vehicle or reentry vehicle
136	136	specifically designed or adapted for that object [includes a
137	137	satellite].
138	138	(3) "Spaceport" includes:
139	139	(A) an area intended to be used for space flight
140	140	activities, as defined by Section 100A.001, Civil Practice and
141	141	Remedies Code [to launch or land a spacecraft];
142	142	(B) a spaceport building or facility located in
143	143	[on] an area reasonably proximate [appurtenant] to a launch
144	144	vehicle, reentry vehicle, or spacecraft launching or landing area;
145	145	(C) an area reasonably proximate [appurtenant]
146	146	to a launch vehicle, reentry vehicle, or spacecraft launching or
147	147	landing area that is intended for use for a spaceport building or
148	148	facility; and
149	149	(D) a right-of-way related to a launch vehicle,
150	150	reentry vehicle, or spacecraft launching or landing area, building,
151	151	facility, or other area that is reasonably proximate [appurtenant]
152	152	to a launching or landing area.
153	153	SECTION 5. Subsection (d), Section 481.0069, Government
154	154	Code, is amended to read as follows:
155	155	(d) Money in the spaceport trust fund may not be spent
156	156	unless the office certifies to the comptroller that:
157	157	(1) a viable business entity has been established
158	158	that:
159	159	(A) has a business plan that demonstrates that
160	160	the entity has available the financial, managerial, and technical
161	161	expertise and capability necessary to launch and land a reusable
162	162	launch vehicle or spacecraft; and
163	163	(B) has committed to locating its facilities at a
164	164	spaceport in this state;
165	165	(2) a development corporation for spaceport
166	166	facilities created under Chapter 507, Local Government Code, has
167	167	established a development plan for the spaceport project and has
168	168	demonstrated the financial ability to fund [secured] at least 75
169	169	[90] percent of the funding required for the project; and
170	170	(3) the spaceport or launch operator, if required by
171	171	federal law, has obtained or applied for the appropriate Federal
172	172	Aviation Administration license or other appropriate
173	173	authorization.
174	174	SECTION 6. Section 42.01, Penal Code, is amended by adding
175	175	Subsection (g) to read as follows:
176	176	(g) Noise arising from space flight activities, as defined
177	177	by Section 100A.001, Civil Practice and Remedies Code, if lawfully
178	178	conducted, does not constitute "unreasonable noise" for purposes of
179	179	this section.
180	180	SECTION 7. The changes in law made by this Act apply only to
181	181	space flight activities that occur on or after the effective date of
182	182	this Act. Space flight activities that occur before the effective
183	183	date of this Act are governed by the law in effect immediately
184	184	before that date, and that law is continued in effect for that
185	185	purpose.
186	186	SECTION 8. This Act takes effect September 1, 2013.