Relating to the regulation of certain space flight activities, including the closure of certain areas for those activities.

89(R) SB 2188 - House Committee Report version - Bill Text

89R29668 KRM-F

By: Hinojosa of Nueces

S.B. No. 2188

(Lopez of Cameron, Bonnen, Paul, Curry, LaHood, et al.)

Substitute the following for S.B. No. 2188:
No.

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain space flight activities,

including the closure of certain areas for those activities.

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

SECTION 1. Subchapter A, Chapter 482, Government Code, is

amended by adding Section 482.002 to read as follows:

Sec.

482.002.

JURISDICTION OVER SPACE FLIGHT ACTIVITIES.

(a)

In this section, "space flight activities" has the meaning

assigned by Section 100A.001, Civil Practice and Remedies Code.

(b)

Space flight activities are subject to the exclusive

jurisdiction of the federal government and this state. Except as

provided by Section 61.132, Natural Resources Code, a county,

municipality, or other political subdivision may not enact or

enforce any measure that bans, limits, or otherwise regulates space

flight activities.

SECTION 2. Section 61.132, Natural Resources Code, is

amended to read as follows:

Sec. 61.132. CLOSING OF BEACHES FOR SPACE FLIGHT

ACTIVITIES. (a)
In this section, "spaceport" has the meaning

assigned by Section 507.001, Local Government Code.

(a-1)
This section applies only to
:

(1)
a county
that:

(A) borders
[
bordering on
] the Gulf of Mexico or

its tidewater limits
; and

(B)
[
that
] contains a launch site the

construction and operation of which have been approved in a record

of decision
or finding of no significant impact
issued by the

Federal Aviation Administration following the preparation of an

environmental assessment or
environmental impact statement by that

administration
; and

(2)

a municipality with a population of less than

150,000 that:

(A)

is located in a county described by

Subdivision (1);

(B) contains a spaceport; and

(C)

has a beach access and use plan adopted and

certified under Section 61.015
.

(b) A person planning to conduct
space flight activities

between Monday at 8 a.m. and Friday at 12 noon
[
a launch
] in a county

to which this section applies must submit [
to the commissioners

court
] proposed primary and backup [
launch
] dates for
the space

flight activities to:

(1)

the governing body of a municipality to which this

section applies; or

(2)

if Subdivision (1) is not applicable, the

commissioners court
[
the launch
].

(b-1)

A person planning to conduct space flight activities

between Friday at 12 noon and Monday at 8 a.m. in a county to which

this section applies must submit to the commissioners court

proposed primary and backup dates for the space flight activities.

(c) To protect the public health, safety, and welfare, the

governing body of a municipality, the mayor of a municipality

acting under authority delegated by ordinance, or the commissioners

court, as applicable, under Subsection (b) or the
commissioners

court
under Subsection (b-1)
by
ordinance or
order may temporarily

close a beach in reasonable proximity to the [
launch
] site
of space

flight activities
or access points to the beach in the county on a

primary or backup [
launch
] date
for space flight activities
,

subject to
Subsections
[
Subsection
] (d)
, (e), and (h)
.

(d) The
governing body of a municipality, the mayor of a

municipality, or the
commissioners court may not close a beach or

access points to the beach
for space flight activities
on a [
primary

launch
] date consisting of any of the following days without the

approval of the land office:

(1) the Saturday or Sunday preceding Memorial Day;

(2) Memorial Day;

(3) July 4;

(4) Labor Day; or

(5) a Saturday or Sunday that is after Memorial Day but

before Labor Day.

(e)
When closing a beach or access point under this section,

the governing body of a municipality, the mayor of a municipality,

and the
[
The
] commissioners court must comply with
:

(1)

the beach closure restrictions described in the

Federal Aviation Administration's environmental evaluation of the

site;

(2)
the
municipality's and
county's beach access and

use
plans
[
plan
] adopted and certified under Section 61.015
;
and

(3) any applicable
dune protection plan adopted and

certified under Chapter 63 [
when closing a beach or access point

under this section
].

(f) The land office may:

(1) approve or deny a beach or access point closure

request under Subsection (d);

(2) enter into a memorandum of agreement with the

governing body of a municipality or the
commissioners court of a

county to which this section applies to govern beach and access

point closures made under this section; and

(3) adopt rules to govern beach and access point

closures made under this section.

(g)

A person planning to conduct space flight activities

shall provide notice to the public of any closure of a beach or

access points to the beach not less than 48 hours before the

closure.

(h)

If an ordinance adopted by the governing body of a

municipality under Subsection (c) conflicts with an order adopted

by the commissioners court under that subsection, the municipal

ordinance prevails.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.