2011 Texas Statutes
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4 - LIABILITY IN TORT
CHAPTER 100A - LIMITED LIABILITY FOR SPACE FLIGHT ACTIVITIES

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 3, Sec. 1, eff. April 21, 2011.

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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 3, Sec. 1, eff. April 21, 2011.

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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 3, Sec. 1, eff. April 21, 2011.

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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 3, Sec. 1, eff. April 21, 2011.