Tex. Nat. Resources Code Section 61.132
Closing of Beaches for Space Flight Activities

Mentioned in

Appeals court considers whether private groups can sue government over beach closures for SpaceX

KVEO-TV, September 20, 2023

“‘There is no right to just access the beach whenever you want it,’ Kathryn Cherry, a lawyer representing the State of Texas, told the justices. ‘Rights are subject to government regulation.’”
 
Bibliographic info

(a)

This section applies only to a county bordering on the Gulf of Mexico or its tidewater limits that contains a launch site the construction and operation of which have been approved in a record of decision issued by the Federal Aviation Administration following the preparation of an environmental impact statement by that administration.

(b)

A person planning to conduct a launch in a county to which this section applies must submit to the commissioners court proposed primary and backup launch dates for the launch.

(c)

To protect the public health, safety, and welfare, the commissioners court by order may temporarily close a beach in reasonable proximity to the launch site or access points to the beach in the county on a primary or backup launch date, subject to Subsection (d).

(d)

The commissioners court may not close a beach or access points to the beach 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)

The commissioners court must comply with the county’s beach access and use plan adopted and certified under Section 61.015 (Beach Access and Use Plans) and dune protection plan adopted and certified under Chapter 63 (Dunes) 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 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 152 (H.B. 2623), Sec. 3, eff. May 24, 2013.

Source: Section 61.132 — Closing of Beaches for Space Flight Activities, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­61.­htm#61.­132 (accessed Jun. 5, 2024).

61.001
Definitions 61.011
Policy and Rules 61.012
Definition 61.013
Prohibition 61.014
Denial of Access by Posting 61.015
Beach Access and Use Plans 61.016
Boundaries for Areas with No Marked Vegetation Line 61.017
Line of Vegetation Unaffected by Certain Conditions 61.018
Enforcement 61.019
Declaratory Judgment Suits 61.020
Prima Facie Evidence 61.021
Area Not Covered by Subchapter 61.022
Government Agencies and Subdivisions 61.023
Effect on Land Titles and Property Adjacent to and on Beaches 61.024
Effect of Subchapter on Definition of Public Beach 61.025
Disclosure to Purchaser of Property 61.026
Beach Access Public Awareness and Education 61.061
Purpose 61.062
Public Policy 61.063
Definitions 61.064
Application of Subchapter 61.065
Duty of Cities 61.066
Duty of County 61.067
Duty of State 61.068
Application Requirement 61.069
Contents of Application 61.070
Parking and Use Fees 61.071
Compliance Before Approval 61.072
State Funds 61.073
Conditions for Payments 61.074
Submission of Proposed Expenditures 61.075
Fair Distribution of Funds 61.076
Limitation on State Share 61.077
Funds for Administrative Purposes and Emergencies 61.078
Authority to Spend County Funds 61.079
Notice of Ineligibility 61.080
Public Beaches in Ineligible City 61.081
Public Beaches in Ineligible County 61.082
Authority of Local Governments 61.083
Exemptions from Subchapter 61.121
Definition 61.122
County Regulatory Authority 61.123
Notice of Hearing 61.124
Copies of Order 61.125
Public Hearing 61.126
Traffic Regulations 61.127
Criminal Penalties 61.128
Order Prevails over State Law 61.129
Ordinance Prevails over Order and State Law 61.130
Rights of the Public 61.131
Effect of Subchapter on Definition of Public Beach 61.132
Closing of Beaches for Space Flight Activities 61.161
Public Policy 61.162
Findings 61.163
Definition 61.164
Application 61.165
Contents of Application 61.166
Filing Fee 61.167
Separate Applications 61.168
Granting License 61.169
Applications Not to Be Granted 61.170
License Prohibition Against Glass Containers 61.0171
Temporary Suspension of Line of Vegetation Determination 61.171
Assignment 61.172
Termination and Revocation of License 61.173
Maximum Territorial Limits 61.174
Additional Standards 61.175
Rules, Procedures, and Conditions 61.176
Areas Exempt from Subchapter 61.177
Penalty 61.178
Enforcement 61.0181
Administrative Penalty 61.0182
Enforcement Provisions Cumulative 61.0183
Removal of Certain Structures, Improvements, Obstructions, Barriers, and Hazards on Public Beach 61.0184
Notice Requirements 61.0185
Temporary Suspension of Submission of Requests that Attorney General File Suit 61.0211
State or National Park Covered by Subchapter 61.211
Findings 61.212
Exemptions from Subchapter 61.213
Application 61.214
Contents of Application 61.215
Prerequisites to Issuance of Permit 61.216
Notice of Applications Received 61.217
Public Hearing 61.218
Notice of Public Hearing 61.219
Issuance of Permit 61.220
Return of Filing Fee 61.221
Assignment of Permits 61.222
Termination and Revocation of Permit 61.223
Suits for Orders and Injunctions 61.224
Penalty 61.225
Sand, Marl, Gravel, or Shell from Public Beaches Within Incorporated Cities, Towns, or Villages 61.226
Application of Subchapter to Certain Islands and Peninsulas 61.227
Authority of Parks and Wildlife Department 61.251
Definition 61.252
Permit Requirements 61.253
Injunction 61.254
Criminal Penalty
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Accessed:
Jun. 5, 2024

§ 61.132’s source at texas​.gov