Lopez Space Bill Bars Every Local Rule On Space Flight

The text as introduced · 846 words

89R17099 KRM-F

By: Lopez of Cameron
H.B. No. 4660

A BILL TO BE ENTITLED

AN ACT

relating to space flight 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 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 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 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.