1 | 1 | | 89R17099 KRM-F |
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2 | 2 | | By: Lopez of Cameron H.B. No. 4660 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to space flight activities. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter A, Chapter 482, Government Code, is |
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12 | 12 | | amended by adding Section 482.002 to read as follows: |
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13 | 13 | | Sec. 482.002. JURISDICTION OVER SPACE FLIGHT ACTIVITIES. |
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14 | 14 | | (a) In this section, "space flight activities" has the meaning |
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15 | 15 | | assigned by Section 100A.001, Civil Practice and Remedies Code. |
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16 | 16 | | (b) Space flight activities are subject to the exclusive |
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17 | 17 | | jurisdiction of the federal government and this state. Except as |
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18 | 18 | | provided by Section 61.132, Natural Resources Code, a county, |
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19 | 19 | | municipality, or other political subdivision may not enact or |
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20 | 20 | | enforce any measure that bans, limits, or otherwise regulates space |
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21 | 21 | | flight activities. |
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22 | 22 | | SECTION 2. Section 61.132, Natural Resources Code, is |
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23 | 23 | | amended to read as follows: |
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24 | 24 | | Sec. 61.132. CLOSING OF BEACHES FOR SPACE FLIGHT |
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25 | 25 | | ACTIVITIES. (a) In this section, "spaceport" has the meaning |
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26 | 26 | | assigned by Section 507.001, Local Government Code. |
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27 | 27 | | (a-1) This section applies only to: |
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28 | 28 | | (1) a county that: |
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29 | 29 | | (A) borders [bordering on] the Gulf of Mexico or |
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30 | 30 | | its tidewater limits; and |
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31 | 31 | | (B) [that] contains a launch site the |
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32 | 32 | | construction and operation of which have been approved in a record |
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33 | 33 | | of decision or finding of no significant impact issued by the |
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34 | 34 | | Federal Aviation Administration following the preparation of an |
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35 | 35 | | environmental assessment or environmental impact statement by that |
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36 | 36 | | administration; and |
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37 | 37 | | (2) a municipality with a population of less than |
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38 | 38 | | 150,000 that: |
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39 | 39 | | (A) is located in a county described by |
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40 | 40 | | Subdivision (1); |
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41 | 41 | | (B) contains a spaceport; and |
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42 | 42 | | (C) has a beach access and use plan adopted and |
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43 | 43 | | certified under Section 61.015. |
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44 | 44 | | (b) A person planning to conduct space flight activities |
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45 | 45 | | between Monday at 8 a.m. and Friday at 12 noon [a launch] in a county |
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46 | 46 | | to which this section applies must submit [to the commissioners |
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47 | 47 | | court] proposed primary and backup [launch] dates for the space |
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48 | 48 | | flight activities to: |
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49 | 49 | | (1) the governing body of a municipality to which this |
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50 | 50 | | section applies; or |
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51 | 51 | | (2) if Subdivision (1) is not applicable, the |
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52 | 52 | | commissioners court [the launch]. |
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53 | 53 | | (b-1) A person planning to conduct space flight activities |
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54 | 54 | | between Friday at 12 noon and Monday at 8 a.m. in a county to which |
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55 | 55 | | this section applies must submit to the commissioners court |
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56 | 56 | | proposed primary and backup dates for the space flight activities. |
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57 | 57 | | (c) To protect the public health, safety, and welfare, the |
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58 | 58 | | governing body of a municipality or the commissioners court, as |
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59 | 59 | | applicable, under Subsection (b) or the commissioners court under |
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60 | 60 | | Subsection (b-1) by ordinance or order may temporarily close a |
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61 | 61 | | beach in reasonable proximity to the [launch] site of space flight |
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62 | 62 | | activities or access points to the beach in the county on a primary |
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63 | 63 | | or backup [launch] date for space flight activities, subject to |
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64 | 64 | | Subsections [Subsection] (d), (e), and (h). |
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65 | 65 | | (d) The governing body of a municipality or the |
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66 | 66 | | commissioners court may not close a beach or access points to the |
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67 | 67 | | beach for space flight activities on a [primary launch] date |
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68 | 68 | | consisting of any of the following days without the approval of the |
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69 | 69 | | land office: |
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70 | 70 | | (1) the Saturday or Sunday preceding Memorial Day; |
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71 | 71 | | (2) Memorial Day; |
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72 | 72 | | (3) July 4; |
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73 | 73 | | (4) Labor Day; or |
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74 | 74 | | (5) a Saturday or Sunday that is after Memorial Day but |
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75 | 75 | | before Labor Day. |
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76 | 76 | | (e) When closing a beach or access point under this section, |
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77 | 77 | | the governing body of a municipality and the [The] commissioners |
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78 | 78 | | court must comply with: |
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79 | 79 | | (1) the beach closure restrictions described in the |
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80 | 80 | | Federal Aviation Administration's environmental evaluation of the |
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81 | 81 | | site; |
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82 | 82 | | (2) the municipality's and county's beach access and |
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83 | 83 | | use plans [plan] adopted and certified under Section 61.015; and |
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84 | 84 | | (3) any applicable dune protection plan adopted and |
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85 | 85 | | certified under Chapter 63 [when closing a beach or access point |
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86 | 86 | | under this section]. |
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87 | 87 | | (f) The land office may: |
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88 | 88 | | (1) approve or deny a beach or access point closure |
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89 | 89 | | request under Subsection (d); |
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90 | 90 | | (2) enter into a memorandum of agreement with the |
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91 | 91 | | governing body of a municipality or the commissioners court of a |
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92 | 92 | | county to which this section applies to govern beach and access |
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93 | 93 | | point closures made under this section; and |
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94 | 94 | | (3) adopt rules to govern beach and access point |
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95 | 95 | | closures made under this section. |
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96 | 96 | | (g) A person planning to conduct space flight activities |
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97 | 97 | | shall provide notice to the public of any closure of a beach or |
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98 | 98 | | access points to the beach not less than 48 hours before the |
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99 | 99 | | closure. |
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100 | 100 | | (h) If an ordinance adopted by the governing body of a |
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101 | 101 | | municipality under Subsection (c) conflicts with an order adopted |
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102 | 102 | | by the commissioners court under that subsection, the municipal |
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103 | 103 | | ordinance prevails. |
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104 | 104 | | SECTION 3. This Act takes effect immediately if it receives |
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105 | 105 | | a vote of two-thirds of all the members elected to each house, as |
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106 | 106 | | provided by Section 39, Article III, Texas Constitution. If this |
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107 | 107 | | Act does not receive the vote necessary for immediate effect, this |
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108 | 108 | | Act takes effect September 1, 2025. |
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