Texas 2025 - 89th Regular

Texas Senate Bill SB2188 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hinojosa of Nueces S.B. No. 2188
2		-
3		-
	2	+	(In the Senate - Filed March 10, 2025; March 13, 2025, read
	3	+	first time and referred to Committee on Natural Resources;
	4	+	March 27, 2025, reported favorably by the following vote: Yeas 6,
	5	+	Nays 1; March 27, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to space flight activities.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Subchapter A, Chapter 482, Government Code, is
11	14		amended by adding Section 482.002 to read as follows:
12	15		Sec. 482.002. JURISDICTION OVER SPACE FLIGHT ACTIVITIES.
13	16		(a) In this section, "space flight activities" has the meaning
14	17		assigned by Section 100A.001, Civil Practice and Remedies Code.
15	18		(b) Space flight activities are subject to the exclusive
16	19		jurisdiction of the federal government and this state. Except as
17	20		provided by Section 61.132, Natural Resources Code, a county,
18	21		municipality, or other political subdivision may not enact or
19	22		enforce any measure that bans, limits, or otherwise regulates space
20	23		flight activities.
21	24		SECTION 2. Section 61.132, Natural Resources Code, is
22	25		amended to read as follows:
23	26		Sec. 61.132. CLOSING OF BEACHES FOR SPACE FLIGHT
24	27		ACTIVITIES. (a) In this section, "spaceport" has the meaning
25	28		assigned by Section 507.001, Local Government Code.
26	29		(a-1) This section applies only to:
27	30		(1) a county that:
28	31		(A) borders [bordering on] the Gulf of Mexico or
29	32		its tidewater limits; and
30	33		(B) [that] contains a launch site the
31	34		construction and operation of which have been approved in a record
32	35		of decision or finding of no significant impact issued by the
33	36		Federal Aviation Administration following the preparation of an
34	37		environmental assessment or environmental impact statement by that
35	38		administration; and
36	39		(2) a municipality with a population of less than
37	40		150,000 that:
38	41		(A) is located in a county described by
39	42		Subdivision (1);
40	43		(B) contains a spaceport; and
41	44		(C) has a beach access and use plan adopted and
42	45		certified under Section 61.015.
43	46		(b) A person planning to conduct space flight activities
44	47		between Monday at 8 a.m. and Friday at 12 noon [a launch] in a county
45	48		to which this section applies must submit [to the commissioners
46	49		court] proposed primary and backup [launch] dates for the space
47	50		flight activities to:
48	51		(1) the governing body of a municipality to which this
49	52		section applies; or
50	53		(2) if Subdivision (1) is not applicable, the
51	54		commissioners court [the launch].
52	55		(b-1) A person planning to conduct space flight activities
53	56		between Friday at 12 noon and Monday at 8 a.m. in a county to which
54	57		this section applies must submit to the commissioners court
55	58		proposed primary and backup dates for the space flight activities.
56	59		(c) To protect the public health, safety, and welfare, the
57		-	governing body of a municipality, the mayor of a municipality
58		-	acting under authority delegated by ordinance, or the commissioners
59		-	court, as applicable, under Subsection (b) or the commissioners
60		-	court under Subsection (b-1) by ordinance or order may temporarily
61		-	close a beach in reasonable proximity to the [launch] site of space
62		-	flight activities or access points to the beach in the county on a
63		-	primary or backup [launch] date for space flight activities,
64		-	subject to Subsections [Subsection] (d), (e), and (h).
65		-	(d) The governing body of a municipality, the mayor of a
66		-	municipality, or the commissioners court may not close a beach or
67		-	access points to the beach for space flight activities on a [primary
68		-	launch] date consisting of any of the following days without the
69		-	approval of the land office:
	60	+	governing body of a municipality or the commissioners court, as
	61	+	applicable, under Subsection (b) or the commissioners court under
	62	+	Subsection (b-1) by ordinance or order may temporarily close a
	63	+	beach in reasonable proximity to the [launch] site of space flight
	64	+	activities or access points to the beach in the county on a primary
	65	+	or backup [launch] date for space flight activities, subject to
	66	+	Subsections [Subsection] (d), (e), and (h).
	67	+	(d) The governing body of a municipality or the
	68	+	commissioners court may not close a beach or access points to the
	69	+	beach for space flight activities on a [primary launch] date
	70	+	consisting of any of the following days without the approval of the
	71	+	land office:
70	72		(1) the Saturday or Sunday preceding Memorial Day;
71	73		(2) Memorial Day;
72	74		(3) July 4;
73	75		(4) Labor Day; or
74	76		(5) a Saturday or Sunday that is after Memorial Day but
75	77		before Labor Day.
76	78		(e) When closing a beach or access point under this section,
77		-	the governing body of a municipality, the ~~mayor of a municipality,~~
78		-	~~and the [The] commissioners~~ court must comply with:
	79	+	the governing body of a municipality and the [The] commissioners
	80	+	court must comply with:
79	81		(1) the beach closure restrictions described in the
80	82		Federal Aviation Administration's environmental evaluation of the
81	83		site;
82	84		(2) the municipality's and county's beach access and
83	85		use plans [plan] adopted and certified under Section 61.015; and
84	86		(3) any applicable dune protection plan adopted and
85	87		certified under Chapter 63 [when closing a beach or access point
86	88		under this section].
87	89		(f) The land office may:
88	90		(1) approve or deny a beach or access point closure
89	91		request under Subsection (d);
90	92		(2) enter into a memorandum of agreement with the
91	93		governing body of a municipality or the commissioners court of a
92	94		county to which this section applies to govern beach and access
93	95		point closures made under this section; and
94	96		(3) adopt rules to govern beach and access point
95	97		closures made under this section.
96	98		(g) A person planning to conduct space flight activities
97	99		shall provide notice to the public of any closure of a beach or
98	100		access points to the beach not less than 48 hours before the
99	101		closure.
100	102		(h) If an ordinance adopted by the governing body of a
101	103		municipality under Subsection (c) conflicts with an order adopted
102	104		by the commissioners court under that subsection, the municipal
103	105		ordinance prevails.
104	106		SECTION 3. This Act takes effect immediately if it receives
105	107		a vote of two-thirds of all the members elected to each house, as
106	108		provided by Section 39, Article III, Texas Constitution. If this
107	109		Act does not receive the vote necessary for immediate effect, this
108	110		Act takes effect September 1, 2025.
	111	+	* * * * *