Relating to advanced air mobility.

89(R) HB 3134 - Engrossed version - Bill Text

89R24040 JRR-F

By: Cook, Lalani, Harris Davila,

H.B. No. 3134

Perez of Harris, Gerdes, et al.

A BILL TO BE ENTITLED

AN ACT

relating to advanced air mobility.

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

SECTION 1. Subchapter B, Chapter 21, Transportation Code,

is amended by adding Section 21.073 to read as follows:

Sec. 21.073. ADVANCED AIR MOBILITY. (a) In this section:

(1)

"Advanced air mobility" means an air

transportation system primarily using electric or hybrid aircraft,

including electric vertical takeoff and landing aircraft and

electric conventional takeoff and landing aircraft, with a gross

takeoff weight of 300 pounds or more to transport passengers or

cargo or provide services in an urban or regional setting.

(2)

"Powered lift aircraft" means an aircraft capable

of vertical takeoff, vertical landing, and low-speed flight that

depends principally on:

(A)

engine-driven lift devices or engine thrust

for lift during vertical takeoff or vertical landing; and

(B)

nonrotating airfoil for lift during

horizontal flight.

(3)

"Vertiport" means an area of land, an area of

water, or a structure, including associated buildings and

facilities, that is used or intended to be used for landing or

takeoff of advanced air mobility aircraft.

(b)

A provision of this section applicable to powered lift

aircraft or electric aircraft, including electric vertical takeoff

and landing aircraft and electric conventional takeoff and landing

aircraft, applies only to an aircraft that:

(1)

has a gross takeoff weight of 300 pounds or more;

and

(2) is capable of transporting passengers or cargo.

(c)

To ensure the implementation of the highest level of

public safety protocols and to ensure airspace efficiency, the

department shall:

(1)

establish an office within the aviation division

of the department to provide technical support for advanced air

mobility infrastructure at airports in this state, with a

particular focus on electric aircraft and autonomous aircraft;

(2)

develop a statewide strategic plan for advanced

air mobility in collaboration with the United States Department of

Transportation, the Federal Aviation Administration, commercial

air carriers, political subdivisions of this state that own or

control an airport, and any other relevant stakeholders;

(3)

in collaboration with the United States Department

of Transportation, the Federal Aviation Administration, commercial

air carriers, political subdivisions of this state that own or

control an airport, and any other relevant stakeholders, identify

methods to encourage the use of uniform vertiport standards and

support uniform planning and zoning enabling provisions relating to

powered lift aircraft, autonomous aircraft, electric aviation, and

other advances in aviation technology across the state;

(4)

in conjunction with the Public Utility Commission

of Texas and an independent organization certified under Section

39.151, Utilities Code, estimate the required electric generation

and transmission capacity for the different implementation phases

of advanced air mobility in this state and evaluate the use of other

fuel sources with respect to advanced air mobility;

(5)

in collaboration with the United States Department

of Transportation and the Federal Aviation Administration, develop

and provide to political subdivisions, regional councils of

governments, and other appropriate governmental entities a

guidebook and technical resources to support uniform planning and

zoning provisions across this state relating to powered lift

aircraft, electric aircraft and aviation, vertiports, and other

advances in advanced air mobility technology to ensure public

safety and airspace efficiency;

(6)

in collaboration with the office of the governor,

the Texas Education Agency, and the Texas Higher Education

Coordinating Board, develop and lead a statewide education campaign

for local and regional public officials on the benefits of advanced

air mobility aircraft and advancements in aviation technology;

(7)

develop and publish materials on the department's

Internet website to inform public officials, members of the public,

the aviation community, and recreational users of unmanned aircraft

of advanced air mobility and developments in that technology; and

(8)

establish and administer a program under which the

department provides matching funds on behalf of public institutions

of higher education in this state in order to receive federal grants

relating to research and development of advanced air mobility in

this state.

(d)

The department, the office of the governor, the Texas

Education Agency, and the Texas Higher Education Coordinating Board

shall jointly collaborate with school districts, institutions of

higher education, and interested public and private stakeholders on

educational opportunities relating to advanced air mobility

technology.

(e)

The statewide strategic plan developed under Subsection

(c)(2) must:

(1) ensure public safety and airspace efficiency;

(2)

prioritize public safety and ensure airspace

efficiency by determining short-term, medium-term, and long-term

goals for advanced air mobility in this state and the associated

economic impact of achieving those goals; and

(3)

comprehensively address all aspects of advanced

air mobility in this state, including:

(A) advanced air mobility use cases;

(B)

existing infrastructure and necessary

infrastructure upgrades, including upgrades enabling autonomous

operations;

(C) regulatory best practices; and

(D)

updates to the Texas Airport System Plan to

include vertiports, electric aircraft charging, and the

infrastructure needs of other advances in aviation technology as

appropriate.

(f)

In carrying out the requirements of Subsections (c) and

(e)(3), the department shall consult with the United States

Department of Transportation, the Federal Aviation Administration,

commercial air carriers, political subdivisions of this state that

own or control an airport, and any other relevant stakeholders.

(g)

The commission shall adopt rules to implement the

program established under Subsection (c)(8). The rules must

specify a minimum percentage of additional matching funds that must

be provided by the advanced air mobility industry or other persons

as a condition of receiving matching funds from the department

under the program.

(h)

The office established under Subsection (c)(1), in

exercising its duties, shall establish working relationships with

the United States Department of Transportation, the Federal

Aviation Administration, commercial air carriers, political

subdivisions of this state that own or control an airport, and any

other relevant stakeholders.

(i)

A political subdivision of this state may not enact,

adopt, or enforce a rule, ordinance, order, resolution, or other

regulation relating to advanced air mobility, the ownership of an

advanced air mobility aircraft, or the aerial operation of an

advanced air mobility aircraft unless the political subdivision is

an airport operator.

SECTION 2. Section 21.072, Transportation Code, is

repealed.

SECTION 3. This Act takes effect September 1, 2025.