Space Flight Crews Can Sign Away Their Right To Sue

The text as introduced · 338 words

89R12169 MZM-F

By: Hinojosa of Nueces
S.B. No. 2505

A BILL TO BE ENTITLED

AN ACT

relating to liability protections for commercial space flight and

exploration.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 100A.001(5), Civil Practice and Remedies

Code, is amended to read as follows:

(5) "Space flight participant" means an individual[ ,

who is not crew, ] carried aboard a spacecraft, launch vehicle, or

reentry vehicle.

SECTION 2. 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 3. Chapter 100A, Civil Practice and Remedies Code,

is amended by adding Section 100A.005 to read as follows:

Sec. 100A.005. RECOGNITION OF RECIPROCAL WAIVER OF CLAIMS.

A reciprocal waiver of claims between parties engaged in space

flight activities under the Federal Aviation Regulations in 14

C.F.R. Section 440.17 is effective and enforceable in this state,

including a waiver by a contractor, subcontractor, or customer of

any party participating in a space flight activity.

SECTION 4. 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 applicable to the cause of action

immediately before the effective date of this Act, and that law is

continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2025.