Texas Civil Practice and Remedies Code 100A.002 – Limited Liability
(a) Except as provided by this section, 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 space flight activities if the space flight participant has signed the agreement required by Section 100A.003 and given written consent as required by 51 U.S.C. § 50905. 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.
Terms Used In Texas Civil Practice and Remedies Code 100A.002
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.