§ 100A.005.Recognition of Reciprocal Waiver of Claims

A 2025 addition recognising the federal cross-waiver regime.

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.

Cross-waivers are how the launch industry allocates risk. The federal regulation requires a licensee to enter reciprocal waivers with the government and with its customers, under which each party accepts responsibility for its own losses and waives claims against the others.

The arrangement makes commercial sense in an industry where a single failure can destroy several parties' property at once and apportioning fault would be ruinous for everyone.

The section confirms Texas will enforce them, which was not a settled question. A waiver required by federal regulation is still a contract, and its enforceability between private parties is a question of state law.

The extension to contractors, subcontractors, and customers is the operative part. Federal cross-waivers flow down through the supply chain, and a waiver is only useful if every party in the chain is bound.

Read with the preceding section, Texas now validates both halves of the industry's risk allocation: the participant waiver going down to individuals, and the cross-waiver running across commercial parties.