Texas 2025 - 89th Regular

Texas House Bill HB4660 Compare Versions

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11 89R17099 KRM-F
22 By: Lopez of Cameron H.B. No. 4660
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to space flight activities.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter A, Chapter 482, Government Code, is
1212 amended by adding Section 482.002 to read as follows:
1313 Sec. 482.002. JURISDICTION OVER SPACE FLIGHT ACTIVITIES.
1414 (a) In this section, "space flight activities" has the meaning
1515 assigned by Section 100A.001, Civil Practice and Remedies Code.
1616 (b) Space flight activities are subject to the exclusive
1717 jurisdiction of the federal government and this state. Except as
1818 provided by Section 61.132, Natural Resources Code, a county,
1919 municipality, or other political subdivision may not enact or
2020 enforce any measure that bans, limits, or otherwise regulates space
2121 flight activities.
2222 SECTION 2. Section 61.132, Natural Resources Code, is
2323 amended to read as follows:
2424 Sec. 61.132. CLOSING OF BEACHES FOR SPACE FLIGHT
2525 ACTIVITIES. (a) In this section, "spaceport" has the meaning
2626 assigned by Section 507.001, Local Government Code.
2727 (a-1) This section applies only to:
2828 (1) a county that:
2929 (A) borders [bordering on] the Gulf of Mexico or
3030 its tidewater limits; and
3131 (B) [that] contains a launch site the
3232 construction and operation of which have been approved in a record
3333 of decision or finding of no significant impact issued by the
3434 Federal Aviation Administration following the preparation of an
3535 environmental assessment or environmental impact statement by that
3636 administration; and
3737 (2) a municipality with a population of less than
3838 150,000 that:
3939 (A) is located in a county described by
4040 Subdivision (1);
4141 (B) contains a spaceport; and
4242 (C) has a beach access and use plan adopted and
4343 certified under Section 61.015.
4444 (b) A person planning to conduct space flight activities
4545 between Monday at 8 a.m. and Friday at 12 noon [a launch] in a county
4646 to which this section applies must submit [to the commissioners
4747 court] proposed primary and backup [launch] dates for the space
4848 flight activities to:
4949 (1) the governing body of a municipality to which this
5050 section applies; or
5151 (2) if Subdivision (1) is not applicable, the
5252 commissioners court [the launch].
5353 (b-1) A person planning to conduct space flight activities
5454 between Friday at 12 noon and Monday at 8 a.m. in a county to which
5555 this section applies must submit to the commissioners court
5656 proposed primary and backup dates for the space flight activities.
5757 (c) To protect the public health, safety, and welfare, the
5858 governing body of a municipality or the commissioners court, as
5959 applicable, under Subsection (b) or the commissioners court under
6060 Subsection (b-1) by ordinance or order may temporarily close a
6161 beach in reasonable proximity to the [launch] site of space flight
6262 activities or access points to the beach in the county on a primary
6363 or backup [launch] date for space flight activities, subject to
6464 Subsections [Subsection] (d), (e), and (h).
6565 (d) The governing body of a municipality or the
6666 commissioners court may not close a beach or access points to the
6767 beach for space flight activities on a [primary launch] date
6868 consisting of any of the following days without the approval of the
6969 land office:
7070 (1) the Saturday or Sunday preceding Memorial Day;
7171 (2) Memorial Day;
7272 (3) July 4;
7373 (4) Labor Day; or
7474 (5) a Saturday or Sunday that is after Memorial Day but
7575 before Labor Day.
7676 (e) When closing a beach or access point under this section,
7777 the governing body of a municipality and the [The] commissioners
7878 court must comply with:
7979 (1) the beach closure restrictions described in the
8080 Federal Aviation Administration's environmental evaluation of the
8181 site;
8282 (2) the municipality's and county's beach access and
8383 use plans [plan] adopted and certified under Section 61.015; and
8484 (3) any applicable dune protection plan adopted and
8585 certified under Chapter 63 [when closing a beach or access point
8686 under this section].
8787 (f) The land office may:
8888 (1) approve or deny a beach or access point closure
8989 request under Subsection (d);
9090 (2) enter into a memorandum of agreement with the
9191 governing body of a municipality or the commissioners court of a
9292 county to which this section applies to govern beach and access
9393 point closures made under this section; and
9494 (3) adopt rules to govern beach and access point
9595 closures made under this section.
9696 (g) A person planning to conduct space flight activities
9797 shall provide notice to the public of any closure of a beach or
9898 access points to the beach not less than 48 hours before the
9999 closure.
100100 (h) If an ordinance adopted by the governing body of a
101101 municipality under Subsection (c) conflicts with an order adopted
102102 by the commissioners court under that subsection, the municipal
103103 ordinance prevails.
104104 SECTION 3. This Act takes effect immediately if it receives
105105 a vote of two-thirds of all the members elected to each house, as
106106 provided by Section 39, Article III, Texas Constitution. If this
107107 Act does not receive the vote necessary for immediate effect, this
108108 Act takes effect September 1, 2025.