HB4157

Regular Session

Relating to liability protections for commercial space flight and exploration.

CriticalImmediate action required

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Civil Courts (via Civil Practice and Remedies Code)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: June 20, 2025. Any flight operations conducted from this date forward must utilize updated waiver forms to ensure statutory protection.
Agency Rulemaking: None. This statute amends the Civil Practice and Remedies Code; enforcement occurs through judicial interpretation in civil courts, not via agency rulemaking.

Immediate Action Plan

1. Redraft Waiver Templates: Delete the witness signature block from your standard Participant Liability Waiver immediately.
2. Deploy Crew Waivers: Require all scheduled crew members to sign the updated Participant Liability Waiver prior to the next scheduled launch or reentry.
3. Audit Vendor Contracts: Review agreements with payload customers and subcontractors to ensure they reference the new Texas statutory protections for reciprocal waivers.
4. Notify Counsel: Brief your external litigation counsel that Texas law now statutorily bars claims inconsistent with federal cross-waivers (14 C.F.R. § 440.17).

Operational Changes Required

Contracts

Participant Waivers: You must revise your "Agreement and Warning" documents immediately.
Remove the signature line for a "competent witness." The statute no longer requires a witness for the waiver to be valid.
Retain the 10-point bold type and separate document requirements.
Crew Agreements: You must now administer Chapter 100A liability waivers to crew members. Previously, crew were excluded from the definition of "participant." They are now included and must sign the standard waiver to trigger liability shields.
Subcontractor MSAs: Update Master Service Agreements to explicitly cite Texas CPRC Chapter 100A, Sec. 100A.005. This ensures that the federal reciprocal waivers (cross-waivers) are recognized as binding under Texas state law, protecting your vendors and subcontractors.

Hiring/Training

Crew Onboarding: Integrate the execution of the Chapter 100A Liability Waiver into the pre-flight checklist for all employees and contractors serving as crew. This is a new step in the "fit for duty" process.

Reporting & Record-Keeping

Document Segregation: Ensure the waiver remains a standalone document. Do not merge the waiver text into the general employment contract or flight services agreement, or you risk voiding the statutory protection.

Fees & Costs

Insurance Leverage: There are no new state fees. However, you should contact your liability insurance carrier immediately. The statutory codification of cross-waivers reduces the aggregate risk profile for your subcontractors, providing leverage to negotiate premiums regarding third-party liability coverage.

Strategic Ambiguities & Considerations

Workers' Compensation Interaction: The statute defines crew as "participants" for liability purposes, but they remain employees under labor law. It is unclear if a Chapter 100A waiver can override Texas Workers' Compensation exclusivity or benefits.
*Risk:* A court may rule that Workers' Comp is still the sole remedy for injured crew, rendering the waiver redundant for standard injuries but potentially vital for "pain and suffering" torts outside the comp system.
Gross Negligence: The statute does not explicitly validate waivers for acts of gross negligence. Under Texas common law, waivers generally only cover ordinary negligence. Do not assume this shield protects against findings of gross negligence or willful misconduct until tested in appellate courts.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsAeronautics Civil Remedies & Liabilities

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 4157

By: Bonnen

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that with the increasing presence of commercial space flight in Texas, updates to the state's liability standards are necessary to harmonize state and federal standards and allow Texas to remain competitive in the space flight industry. H.B. 4157 seeks to address these inconsistencies by updating current waiver requirements for space flights and establishing the validity of federal reciprocal waivers under state statute.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4157 amends the Civil Practice and Remedies Code to remove from the definition of "space flight participant" for purposes of provisions relating to limited liability for space flight activities the specification that such an individual is not crew. The bill removes the condition that an agreement required to be signed by a space flight participant before participating in any space flight activity also be signed by a competent witness to be considered effective and enforceable. The bill establishes that a reciprocal waiver of claims between parties engaged in space flight activities under the Federal Aviation Regulations is effective and enforceable in Texas, including a waiver by a contractor, subcontractor, or customer of any party participating in a space flight activity.

H.B. 4157 applies only to a cause of action that accrues on or after the bill's effective date. A cause of action that accrues before the bill's effective date is governed by the law applicable to the cause of action immediately before that date, and that law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Greg BonnenRepublican · Primary Author

Senate Sponsors

Sen. Adam HinojosaRepublican · Primary Sponsor

Cosponsors (1)

Brent Hagenbuch (R)

Bill Text(with markup)

H.B. No. 4157

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB4157 by Bonnen (Relating to liability protections for commercial space flight and exploration.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, KDw, NTh

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Frequently Asked Questions

Common questions about HB4157

What does Texas HB4157 do?

HB4157 immediately expands liability protections for commercial space entities in Texas by redefining "space flight participant" to include crew members and codifying federal reciprocal waivers into state law. This legislation effectively blocks state-level tort claims from circumventing federal cross-waivers, securing the supply chain against third-party litigation. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Who authored HB4157?

HB4157 was authored by Texas Representative Greg Bonnen during the Regular Session.

When was HB4157 signed into law?

HB4157 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB4157?

HB4157 is enforced by Texas Civil Courts (via Civil Practice and Remedies Code).

How urgent is compliance with HB4157?

The compliance urgency for HB4157 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB4157?

The cost impact of HB4157 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB4157 address?

HB4157 addresses topics including aeronautics and civil remedies & liabilities.

Legislative data provided by LegiScanLast updated: November 25, 2025

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