Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1198 seeks to modify the Texas Government Code by expanding the definition of a “critical infrastructure facility” to include spaceports. Under current law, critical infrastructure status affords certain facilities—such as oil pipelines, airports, and military bases—heightened protections under criminal and civil statutes, particularly against trespass and sabotage. SB 1198 would add to this list any property or facility that is used for launching, landing, recovering, or testing spacecraft, provided it is either licensed by the Federal Aviation Administration or operated by a spaceport development corporation under Texas Local Government Code Chapter 507.

Additionally, the bill clarifies that these protections also apply to facilities or pipelines under construction, along with all associated equipment and materials used during such construction. This is significant because it extends liability protections not only to operational infrastructure but also to development phases of spaceport projects, potentially deterring disruption during the critical early stages of investment and buildout.

The practical effect of this legislation would be to enhance legal protections for Texas-based spaceport operations—such as those used by private aerospace companies—by making interference with their activities a criminal offense under statutes that already apply to other critical sectors. The bill includes a standard transition provision, specifying that the changes in law apply only to offenses or civil causes of action that occur after the bill’s effective date, preserving the application of previous law for earlier incidents.

Overall, SB 1198 reflects a growing legislative focus on supporting the commercial space industry in Texas by treating its infrastructure with the same legal seriousness as energy and transportation assets.

The originally filed version of SB 1198 and the Committee Substitute share the same fundamental purpose: to expand the definition of “critical infrastructure facility” under Section 424.001 of the Government Code to include certain spaceport facilities. However, there are subtle but meaningful differences between the two versions that reflect a refinement in legislative intent and scope.

In the originally filed version, the bill designates as critical infrastructure any property or facility used for the “launch, landing, or recovery of spacecraft,” provided it is licensed by the FAA or operated under Chapter 507 of the Local Government Code. It also includes protections for related facilities or pipelines under construction, as well as their equipment and appurtenances.

The Committee Substitute adds an important fourth function—“testing” of spacecraft—to the list of covered activities at spaceport facilities. This change broadens the scope of protection to include testing operations, which are a significant part of spaceport and aerospace development. By including “testing,” the substitute recognizes that such operations are critical to the aerospace industry and similarly warrant legal protections.

In summary, the committee substitute refines and slightly broadens the bill’s scope to more comprehensively protect spaceport activities by including testing operations under the legal umbrella of critical infrastructure. This adjustment likely reflects input from stakeholders in the aerospace sector emphasizing the operational realities of spaceport development.

Author (1)

Brian Birdwell

Co-Author (2)

Cesar Blanco

Adam Hinojosa

Sponsor (4)

Eddie Morales

Greg Bonnen

Claudia Ordaz

Carl Tepper

Contact the Author

Sen. Brian Birdwell

Capitol Phone:

Capitol Office:

CAP 1E.3

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1198 is not expected to have a significant fiscal impact on the State of Texas. The primary purpose of the bill is to expand the definition of "critical infrastructure facility" to include certain spaceport operations, thereby extending existing criminal and civil liability provisions to those properties.

The fiscal analysis indicates that while the bill would expand the range of conduct covered under criminal statutes related to damage or interference with critical infrastructure, any resulting increase in enforcement, prosecution, or correctional demands is anticipated to be minimal. This suggests that the state does not foresee a large number of new criminal cases or significant new costs related to incarceration, legal processing, or state supervision stemming from the bill’s enactment.

For local governments, the fiscal impact is also projected to be negligible. Local entities may have a role in the enforcement or prosecution of offenses under the expanded definition, but the volume or complexity of such cases is not expected to materially burden local resources.

In summary, SB 1198 is structured to provide enhanced legal protections to spaceport infrastructure without creating significant new costs for either state or local governments. This fiscal neutrality likely contributes to its viability as a regulatory and economic development measure.

Vote Recommendation Notes

SB 1198 is a proactive measure that strategically expands Texas’s legal framework for protecting critical infrastructure to include spaceports—facilities central to both the state’s economic future and national security interests. As commercial space activity in Texas continues to grow, the bill ensures that properties involved in launching, landing, recovering, or testing spacecraft are safeguarded under the same statutes currently protecting oil pipelines, airports, and military installations.

This designation enhances Free Enterprise by creating a stable legal environment conducive to long-term private investment in space-related industries. It also strengthens Private Property Rights by reinforcing protections against trespass, vandalism, and sabotage of highly sensitive and valuable infrastructure. By assigning criminal and civil liability to those who disrupt these operations, the bill promotes Personal Responsibility, deterring unlawful interference with operations essential to technological and defense innovation.

While the bill does expand state definitions that may have implications for law enforcement practices, it does so in a targeted and justified way. The protections mirror those already in place for other infrastructure types and do not grant new rulemaking authority or impose significant fiscal burdens, according to the Legislative Budget Board’s analysis. The narrowly tailored application—limited to FAA-licensed or locally authorized spaceports—helps ensure that enforcement is both specific and appropriate.

In conclusion, SB 1198 appropriately balances economic development, security, and property protection with minimal government expansion. It aligns with core liberty principles and Texas’s long-term strategic interests. As such, Texas Policy Research recommends that lawmakers vote YES for SB 1198.

Related Legislation

HB 2973 (Same As)

View Bill Text and Status