By: Deuell S.B. No. 1636
(In the Senate - Filed March 8, 2013; March 20, 2013, read
first time and referred to Committee on Economic Development;
April 15, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 15, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1636 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to the facilitation and operation of space flight
activities in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 100A.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 100A.001. DEFINITIONS. In this chapter:
(1) "Launch" means a placement or attempted placement
of a launch vehicle [or rocket] and spacecraft, if any, [payload,
crew, or space flight participant] in a suborbital trajectory,
earth orbit, or outer space, including activities involved in the
preparation of a launch vehicle or spacecraft [payload] for launch.
(1-a) "Launch vehicle" means any vehicle and its
stages or components designed to operate in or place spacecraft, if
any, in a suborbital trajectory, in earth orbit, or in outer space.
(2) "Reentry" means a [purposeful] return or attempt
to return of a launch vehicle, reentry vehicle, or spacecraft [and
the payload, the crew, or a space flight participant] from a
suborbital trajectory, from earth orbit, or from outer space to
earth, including activities involved in the recovery of a launch
vehicle, reentry vehicle, or spacecraft.
(2-a) "Reentry vehicle" means any vehicle, including
its stages or components, or spacecraft designed to return from
earth orbit or outer space to earth, or a reusable launch vehicle
designed to return from earth orbit or outer space to earth,
substantially intact.
(2-b) "Spacecraft" has the meaning assigned by Section
507.001, Local Government Code.
(3) "Space flight activities" means activities and
training in any phase [all phases] of preparing for and undertaking
space flight, including:
(A) the research, development, testing, or
manufacture of a launch vehicle, reentry vehicle, or spacecraft;
(B) the preparation of a launch vehicle, reentry
vehicle, payload, spacecraft, crew, or space flight participant for
launch, space flight, and reentry;
(C) [(B)] the conduct of the launch;
(D) [(C)] conduct occurring between the launch
and reentry;
(E) [(D)] the preparation of a launch vehicle,
reentry vehicle, payload, spacecraft, crew, or space flight
participant for reentry;
(F) [(E)] the conduct of reentry and descent;
(G) [(F)] the conduct of the landing; and
(H) [(G)] the conduct of postlanding recovery of
a launch vehicle, reentry vehicle, payload, spacecraft, crew, or
space flight participant.
(4) "Space flight entity" means a person who conducts
space flight activities and who, to the extent required by federal
law, has obtained the appropriate Federal Aviation Administration
license or other authorization, including safety approval and a
payload determination. The term includes:
(A) a manufacturer or supplier of components,
services, spacecraft, launch vehicles, or reentry vehicles used by
the entity and reviewed by the Federal Aviation Administration as
part of issuing the license or other authorization; [and]
(B) an employee, officer, director, owner,
stockholder, member, manager, advisor, or partner of the entity,
manufacturer, or supplier;
(C) an owner or lessor of real property on which
space flight activities are conducted, including a municipality,
county, political subdivision, or spaceport development
corporation under Section 507.001, Local Government Code, in this
state with a contractual relationship with a space flight entity;
and
(D) a municipality, county, economic development
organization, or other political subdivision in the territory or
extraterritorial jurisdiction of which space flight activities are
conducted.
(5) "Space flight participant" means an individual,
who is not crew, carried aboard a spacecraft, launch vehicle, or
reentry vehicle.
(6) "Space flight participant injury" means an injury
sustained by a space flight participant, including bodily injury,
emotional distress, death, disability, property damage, or any
other loss arising from the individual's participation in space
flight activities.
(7) "Crew" means a human being who performs activities
relating to the launch, reentry, or other operation of or in a
spacecraft, launch vehicle, or reentry vehicle.
SECTION 2. Section 100A.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided
by this section [Subsection (b)], a space flight entity is not
liable to any person for damages resulting from nuisance arising
from testing, launching, reentering, or landing or subject to any
claim for nuisance arising from testing, launching, reentering, or
landing.
(b) Except as provided by this section, a space flight
entity is not liable to any person for a space flight participant
injury or damages arising out of [the] space flight activities
[participant injury] if the space flight participant has signed the
agreement required by Section 100A.003 and given written consent as
required by 51 [49] U.S.C. Section 50905 [70105].
[(b)] This subsection [section] does not limit liability
for a space flight participant [an] injury:
(1) proximately caused by the space flight entity's
gross negligence evidencing wilful or wanton disregard for the
safety of the space flight participant; or
(2) intentionally caused by the space flight entity.
(c) This section precludes injunctive relief with respect
to space flight activities.
(d) This section does not:
(1) limit liability for breach of a contract for use of
real property by a space flight entity; or
(2) preclude an action by a federal or state
governmental entity to enforce a valid statute or regulation.
SECTION 3. Subsection (b), Section 100A.003, Civil Practice
and Remedies Code, is amended to read as follows:
(b) An agreement under Subsection (a) is considered
effective and enforceable if it is:
(1) in writing;
(2) in a document separate from any other agreement
between the space flight participant and the space flight entity
other than a different warning, consent, or assumption of risk
statement;
(3) printed in not less than 10-point bold type; [and]
(4) signed by the space flight participant on behalf
of the space flight participant and any heirs, executors,
administrators, representatives, attorneys, successors, and
assignees of the space flight participant; and
(5) signed by a competent witness.
SECTION 4. Subdivisions (2) and (3), Section 507.001, Local
Government Code, are amended to read as follows:
(2) "Spacecraft" means any object and its components
designed to be launched for operations in a suborbital trajectory,
in earth orbit, or in outer space. The term includes a satellite, a
payload, an object carrying crew or a space flight participant, and
any subcomponents of the launch vehicle or reentry vehicle
specifically designed or adapted for that object [includes a
satellite].
(3) "Spaceport" includes:
(A) an area intended to be used for space flight
activities, as defined by Section 100A.001, Civil Practice and
Remedies Code [to launch or land a spacecraft];
(B) a spaceport building or facility located in
[on] an area reasonably proximate [appurtenant] to a launch
vehicle, reentry vehicle, or spacecraft launching or landing area;
(C) an area reasonably proximate [appurtenant]
to a launch vehicle, reentry vehicle, or spacecraft launching or
landing area that is intended for use for a spaceport building or
facility; and
(D) a right-of-way related to a launch vehicle,
reentry vehicle, or spacecraft launching or landing area, building,
facility, or other area that is reasonably proximate [appurtenant]
to a launching or landing area.
SECTION 5. Subsection (d), Section 481.0069, Government
Code, is amended to read as follows:
(d) Money in the spaceport trust fund may not be spent
unless the office certifies to the comptroller that:
(1) a viable business entity has been established
that:
(A) has a business plan that demonstrates that
the entity has available the financial, managerial, and technical
expertise and capability necessary to launch and land a reusable
launch vehicle or spacecraft; and
(B) has committed to locating its facilities at a
spaceport in this state;
(2) a development corporation for spaceport
facilities created under Chapter 507, Local Government Code, has
established a development plan for the spaceport project and has
demonstrated the financial ability to fund [secured] at least 75
[90] percent of the funding required for the project; and
(3) the spaceport or launch operator, if required by
federal law, has obtained or applied for the appropriate Federal
Aviation Administration license or other appropriate
authorization.
SECTION 6. Section 42.01, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) Noise arising from space flight activities, as defined
by Section 100A.001, Civil Practice and Remedies Code, if lawfully
conducted, does not constitute "unreasonable noise" for purposes of
this section.
SECTION 7. The changes in law made by this Act apply only to
space flight activities that occur on or after the effective date of
this Act. Space flight activities that occur before the effective
date of this Act are governed by the law in effect immediately
before that date, and that law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2013.
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