89R24040 JRR-F By: Cook, Lalani, Harris Davila, H.B. No. 3134 Perez of Harris, Gerdes, et al. Substitute the following for H.B. No. 3134: By: Curry C.S.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 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.