Bill Text: TX SB115 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to limiting the liability of space flight entities.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-04-21 - Effective immediately [SB115 Detail]
Download: Texas-2011-SB115-Comm_Sub.html
Bill Title: Relating to limiting the liability of space flight entities.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-04-21 - Effective immediately [SB115 Detail]
Download: Texas-2011-SB115-Comm_Sub.html
By: Uresti, Deuell | S.B. No. 115 | |
(Gallego) | ||
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relating to limiting the liability of space flight entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 100A to read as follows: | ||
CHAPTER 100A. LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES | ||
Sec. 100A.001. DEFINITIONS. In this chapter: | ||
(1) "Launch" means a placement or attempted placement | ||
of a vehicle or rocket and 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 payload for launch. | ||
(2) "Reentry" means a purposeful return or attempt to | ||
return a reentry vehicle and the payload, the crew, or a space | ||
flight participant from earth orbit or from outer space to earth. | ||
(3) "Space flight activities" means activities and | ||
training in all phases of preparing for and undertaking space | ||
flight, including: | ||
(A) the preparation of a launch vehicle, payload, | ||
crew, or space flight participant for launch, space flight, and | ||
reentry; | ||
(B) the conduct of the launch; | ||
(C) conduct occurring between the launch and | ||
reentry; | ||
(D) the preparation of a reentry vehicle, | ||
payload, crew, or space flight participant for reentry; | ||
(E) the conduct of reentry and descent; | ||
(F) the conduct of the landing; and | ||
(G) the conduct of postlanding recovery of a | ||
reentry vehicle, payload, crew, or space flight participant. | ||
(4) "Space flight entity" means a person who 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, or 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, or partner of the entity, | ||
manufacturer, or supplier. | ||
(5) "Space flight participant" means an individual, | ||
who is not crew, carried aboard a 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, property damage, or any other loss | ||
arising from the individual's participation in space flight | ||
activities. | ||
Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided | ||
by Subsection (b), a space flight entity is not liable to any person | ||
for a space flight participant injury or damages arising out of the | ||
space flight participant injury if the space flight participant has | ||
signed the agreement required by Section 100A.003 and given written | ||
consent as required by 49 U.S.C. Section 70105. | ||
(b) This section does not limit liability for 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. | ||
Sec. 100A.003. WARNING REQUIRED. (a) A space flight | ||
participant must sign an agreement and warning statement before | ||
participating in any space flight activity. The agreement must | ||
include the following language and any other language required by | ||
federal law: | ||
AGREEMENT AND WARNING | ||
I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT | ||
LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT | ||
RESULTING FROM SPACE FLIGHT ACTIVITIES. I UNDERSTAND THAT I HAVE | ||
ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS | ||
THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES. | ||
(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 and a | ||
competent witness. | ||
Sec. 100A.004. AGREEMENT EFFECTIVE AND ENFORCEABLE. | ||
(a) Except as provided by Subsection (b), an agreement between a | ||
space flight entity and a space flight participant limiting or | ||
otherwise affecting liability arising out of space flight activity | ||
is effective and enforceable and is not unconscionable or against | ||
public policy. | ||
(b) An agreement described by this section may not limit | ||
liability for 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 a space flight entity. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |