89R13044 JRR-F     By: Cook H.B. No. 3134       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 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 powered lift 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)  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 industry and community   representatives;                (3)  identify methods to encourage the use of   consensus-based 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)  develop and provide to local governments, regional   councils of government, 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, and other   advances in aviation technology;                (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 electric   powered lift 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)  include 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                (2)  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)  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.          (g)  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:                (1)  the political subdivision is an airport operator;   and                (2)  the regulation governs:                      (A)  the operation of an advanced air mobility   aircraft within the geographic boundaries of the airport for which   the political subdivision is the airport operator; or                      (B)  the takeoff or landing of an advanced air   mobility aircraft at an airport described by Paragraph (A).          SECTION 2.  Section 21.072, Transportation Code, is   repealed.          SECTION 3.  This Act takes effect September 1, 2025.