| 1 | 1 | | 89R12169 MZM-F |
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| 2 | 2 | | By: Hinojosa of Nueces S.B. No. 2505 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to liability protections for commercial space flight and |
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| 10 | 10 | | exploration. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 100A.001(5), Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | (5) "Space flight participant" means an individual[, |
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| 15 | 15 | | who is not crew,] carried aboard a spacecraft, launch vehicle, or |
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| 16 | 16 | | reentry vehicle. |
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| 17 | 17 | | SECTION 2. Section 100A.003(b), Civil Practice and Remedies |
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| 18 | 18 | | Code, is amended to read as follows: |
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| 19 | 19 | | (b) An agreement under Subsection (a) is considered |
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| 20 | 20 | | effective and enforceable if it is: |
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| 21 | 21 | | (1) in writing; |
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| 22 | 22 | | (2) in a document separate from any other agreement |
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| 23 | 23 | | between the space flight participant and the space flight entity |
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| 24 | 24 | | other than a different warning, consent, or assumption of risk |
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| 25 | 25 | | statement; |
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| 26 | 26 | | (3) printed in not less than 10-point bold type; and |
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| 27 | 27 | | (4) signed by the space flight participant on behalf |
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| 28 | 28 | | of the space flight participant and any heirs, executors, |
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| 29 | 29 | | administrators, representatives, attorneys, successors, and |
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| 30 | 30 | | assignees of the space flight participant[; and |
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| 31 | 31 | | [(5) signed by a competent witness]. |
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| 32 | 32 | | SECTION 3. Chapter 100A, Civil Practice and Remedies Code, |
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| 33 | 33 | | is amended by adding Section 100A.005 to read as follows: |
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| 34 | 34 | | Sec. 100A.005. RECOGNITION OF RECIPROCAL WAIVER OF CLAIMS. |
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| 35 | 35 | | A reciprocal waiver of claims between parties engaged in space |
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| 36 | 36 | | flight activities under the Federal Aviation Regulations in 14 |
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| 37 | 37 | | C.F.R. Section 440.17 is effective and enforceable in this state, |
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| 38 | 38 | | including a waiver by a contractor, subcontractor, or customer of |
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| 39 | 39 | | any party participating in a space flight activity. |
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| 40 | 40 | | SECTION 4. The change in law made by this Act applies only |
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| 41 | 41 | | to a cause of action that accrues on or after the effective date of |
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| 42 | 42 | | this Act. A cause of action that accrues before the effective date |
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| 43 | 43 | | of this Act is governed by the law applicable to the cause of action |
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| 44 | 44 | | immediately before the effective date of this Act, and that law is |
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| 45 | 45 | | continued in effect for that purpose. |
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| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2025. |
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