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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1198

Regular Session

Relating to the designation of spaceports as critical infrastructure facilities for purposes of criminal and civil liability.

Government Affairs & Regulatory Compliance Analysis

SB1198: Government Affairs Overview

SB1198 classifies spaceports, spacecraft testing facilities, and associated construction sites as "Critical Infrastructure Facilities," granting them the same legal protections as power plants and refineries. This legislation unlocks enhanced felony penalties for trespass or damage and creates a statutory pathway to sue bad actors for operational interruptions. To utilize these protections, operators must immediately formalize boundary definitions and security protocols.

Sen. Brian Birdwell·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01
Business Impact

Who SB1198 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-09-01). Consider how these changes may affect your operations.

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Transportation

Affected business types:

  • Trucking companies
  • Towing operators
  • Fleet operators
  • Logistics providers
View all transportation legislation

Key Operational Considerations

  • 1Security Vendors: Amend Master Service Agreements (MSAs) to require security providers to cite Texas Government Code Ch. 424 when reporting intrusions to law enforcement.
  • 2Site Management: Staff must be trained to identify and secure "temporary hazard areas" in alignment with active FAA launch windows.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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SB1198
Moderate
Relating to the designation of spaceports as critical infrastructure facilities for purposes of criminal and civil liability.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
District AttorneysLocal Law EnforcementTexas Civil Courts
Primary Author: Sen. Brian Birdwell
89th Texas Legislature
jdkey.com
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Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Signage and security protocols must be in place by this date to enforce the new penalties).
  • Agency Rulemaking: No new state agency rulemaking is mandated; however, enforcement relies on existing FAA authorizations regarding "temporary hazard areas."

Immediate Action Plan

  • 1. Install Signage: Post "Critical Infrastructure Facility – Felony Penalties Apply" signage at all perimeters and construction entrances before September 1.
  • 2. Brief Law Enforcement: Meet with the local Sheriff and District Attorney to provide facility maps and explain that intrusions are now state jail felonies, not Class B misdemeanors.
  • 3. Update Post Orders: Revise security scripts to ensure dispatchers use the correct legal terminology when calling 911.
  • 4. Audit Construction Sites: Ensure all "under construction" zones are fenced and marked, as the statute explicitly protects these areas prior to operational status.

Operational Changes Required

Contracts

  • Security Vendors: Amend Master Service Agreements (MSAs) to require security providers to cite Texas Government Code Ch. 424 when reporting intrusions to law enforcement.
  • Construction Vendors: Update General Conditions in construction contracts to notify contractors that the site is legally "Critical Infrastructure." This serves as a deterrent against internal theft or vandalism.

Hiring/Training

  • Security Personnel: Train staff to distinguish between simple trespass and "impairment of critical infrastructure." They must be able to articulate to responding police officers that the facility is a protected asset under SB1198.
  • Site Management: Staff must be trained to identify and secure "temporary hazard areas" in alignment with active FAA launch windows.

Reporting & Record-Keeping

  • Incident Logs: Revise internal reporting to specifically quantify "operational interruption" (e.g., minutes of delay, scrubbed tests). The statute allows for civil recovery of damages caused by *interruption*, not just physical destruction.
  • Boundary Maps: Maintain current, printed maps of FAA-authorized hazard areas and property lines to provide to law enforcement immediately upon their arrival.

Fees & Costs

  • Signage: Budget for the fabrication and installation of high-visibility signage denoting "Critical Infrastructure" at all perimeter access points.
  • Insurance: Contact carriers; this designation may lower risk premiums or, conversely, mandate specific physical security standards (fencing/lighting) to maintain coverage.

Strategic Ambiguities & Considerations

"Temporary Hazard Areas": The statute extends protection to temporary hazard areas defined by FAA flight corridors.

  • The Risk: These boundaries are fluid. If a protester enters a zone that is not *currently* active or clearly marked, the enhanced felony charges may be dismissed.
  • The Fix: Operators must maintain rigorous logs of when hazard areas are active and ensure physical demarcation (barriers/signage) matches the active FAA window exactly.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 10, 2025
Passed Senate
Mar 26, 2025
Passed House
May 23, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsLaw EnforcementMilitary & VeteransTransportationTransportation--aviationSpaceportsAeronautics
03

Senate Authors

Sen. Brian BirdwellRepublican · Primary Author
Coauthors (2)

House Sponsors

Rep. Eddie MoralesDemocrat · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Brian Birdwell

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about SB1198

Q

What does Texas SB1198 do?

SB1198 classifies spaceports, spacecraft testing facilities, and associated construction sites as "Critical Infrastructure Facilities," granting them the same legal protections as power plants and refineries. This legislation unlocks enhanced felony penalties for trespass or damage and creates a statutory pathway to sue bad actors for operational interruptions. To utilize these protections, operators must immediately formalize boundary definitions and security protocols.

Q

Who authored SB1198?

SB1198 was authored by Texas Senator Brian Birdwell during the Regular Session.

Q

When was SB1198 signed into law?

SB1198 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB1198?

SB1198 is enforced by District Attorneys, Local Law Enforcement (Police/Sheriff) and Texas Civil Courts.

Q

How significant are the changes in SB1198?

The regulatory priority for SB1198 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1198?

The cost impact of SB1198 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1198 address?

SB1198 addresses topics including law enforcement, military & veterans, transportation, transportation--aviation and spaceports.

Q

What are the key dates for SB1198?

Key dates for SB1198: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

What are the penalties under SB1198?

SB1198 establishes the following penalties: Criminal penalty of Varies based on existing Penal Code classifications for Critical Infrastructure (typically State Jail Felony to 2nd Degree Felony) for Damaging, destroying, impairing, or interrupting operations of spaceport facilities, temporary hazard areas, or spaceport construction sites.; Civil penalty of Full compensatory damages for Civil liability for damages arising from the impairment or interruption of spaceport facility operations.. Consult with legal counsel for specific applicability to your situation.

Q

Which Texas businesses are affected by SB1198?

SB1198 primarily affects transportation and logistics companies. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 25, 2026