83R4407 JXC-D
 
  By: Oliveira H.B. No. 2623
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain counties and the General Land
  Office to temporarily close a beach or a beach access point.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 240.902, Local Government
  Code, is amended to read as follows:
         Sec. 240.902.  CLOSING OF GULF BEACHES FOR NONPROFIT EVENTS.
         SECTION 2.  Subchapter Z, Chapter 240, Local Government
  Code, is amended by adding Section 240.903 to read as follows:
         Sec. 240.903.  CLOSING OF GULF BEACHES FOR SPACE FLIGHT
  ACTIVITIES.  (a)  In this section:
               (1)  "Beach" has the meaning assigned by Section
  61.012, Natural Resources Code.
               (2)  "Launch" and "space flight activities" have the
  meanings assigned by Section 100A.001, Civil Practice and Remedies
  Code.
         (b)  This section applies only to a county bordering on the
  Gulf of Mexico or its tidewater limits in which the Federal Aviation
  Administration has approved a launch site for space flight
  activities.
         (c)  A person may not conduct a launch unless:
               (1)  the person submits to the commissioners court a
  written request to approve a proposed primary and backup launch
  date for the launch and provides a copy of the request to the
  General Land Office:
                     (A)  not later than the 14th day before the
  proposed primary launch date if the proposed primary launch date is
  not on a day described by Subsection (d); or
                     (B)  not later than the 28th day before the
  proposed primary launch date if the proposed primary launch date is
  on a day described by Subsection (d);
               (2)  the commissioners court approves a primary and
  backup launch date for the launch; and
               (3)  the launch takes place on the approved primary or
  backup launch date.
         (d)  The commissioners court may not approve a primary launch
  date consisting of any of the following days without the approval of
  the General Land Office:
               (1)  the Saturday or Sunday preceding Memorial Day;
               (2)  Memorial Day;
               (3)  July 4;
               (4)  Labor Day;
               (5)  a Saturday after Memorial Day but before Labor
  Day; or
               (6)  a Sunday after Memorial Day but before Labor Day.
         (e)  The commissioners court shall submit a written request
  to approve a primary launch date on a day described by Subsection
  (d) to the General Land Office not later than the 14th day before
  the proposed primary launch date. The request must include a
  justification for conducting the launch on the specified date.
         (f)  The General Land Office shall approve a request
  submitted under Subsection (e) if the office determines that there
  is a reasonable justification for conducting the launch on the
  specified date.  Grounds for making such a determination include:
               (1)  technical requirements;
               (2)  significant adverse business consequences of not
  conducting the launch on the specified date; or
               (3)  regulatory requirements.
         (g)  The General Land Office must approve or deny a request
  submitted under Subsection (e) not later than the third day after
  the date the office receives the request.  If the General Land
  Office does not respond to the request on or before the third day
  after the date the office receives the request, the office is
  considered to have approved the request.
         (h)  The commissioners court may approve a backup launch date
  of any day without the approval of the General Land Office.
         (i)  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 approved
  under this section.
         (j)  The commissioners court must comply with the county's
  beach access and use plan adopted and certified under Section
  61.015, Natural Resources Code, and dune protection plan adopted
  and certified under Chapter 63, Natural Resources Code, when
  closing a beach or access point under this section.
         (k)  The commissioners court may enter into a memorandum of
  understanding with the General Land Office as necessary to comply
  with the requirements of this section.
         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, 2013.