Texas § CP.50905 - This subsection does not limit liability for a space flight participant injury

§ CP.50905. This subsection does not limit liability for a space flight participant injury

This subsection does not limit liability for a space flight participant 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 3 (S.B. 115 ), Sec. 1, eff. April 21, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 953 (H.B. 1791 ), Sec. 2, eff. September 1, 2013. 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 on behalf of the space flight participant and any heirs, executors, administrators, representatives, attorneys, successors, and assignees of the space flight participant. Added by Acts 2011, 82nd Leg., R.S., Ch. 3 (S.B. 115 ), Sec. 1, eff. April 21, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 953 (H.B. 1791 ), Sec. 3, eff. September 1, 2013. Acts 2025, 89th Leg., R.S., Ch. 649 (H.B. 4157 ), Sec. 2, eff. September 1, 2025. 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 (S.B. 115 ), Sec. 1, eff. April 21, 2011. 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. Added by Acts 2025, 89th Leg., R.S., Ch. 649 (H.B. 4157 ), Sec. 3, eff. September 1, 2025.