HB4660 - Relating to space flight activities.

  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.