H.B. No. 1791

	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.  Section 100A.003(b), 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.  Sections 507.001(2) and (3), 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.  Section 481.0069(d), 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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1791 was passed by the House on April
	30, 2013, by the following vote:  Yeas 142, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1791 was passed by the Senate on May
	20, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor