By: J. Davis of Harris, et al. H.B. No. 1791
        (Senate Sponsor - Deuell)
         (In the Senate - Received from the House May 1, 2013;
  May 3, 2013, read first time and referred to Committee on Economic
  Development; May 13, 2013, reported favorably by the following
  vote:  Yeas 5, Nays 0; May 13, 2013, sent to printer.)
 
 
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.  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.
 
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