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Committee hears pair of SpaceX-related bills on Boca Chica beach closures and trespass penalties; testimony splits
Summary
Two related bills from Sen. Hinojosa would let the future city of Starbase approve certain weekday beach closures for spaceflight activities and would create criminal penalties for refusing evacuation orders in FAA hazard zones; the committee heard resource and public testimony and left both bills pending.
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Senate Bill 21 88 and Senate Bill 22 30, introduced by Sen. Hinojosa, would change how beaches near SpaceX's Starbase in Cameron County are closed for spaceflight operations and would create criminal penalties for persons who refuse evacuation orders in safety zones. The committee received resource testimony from the Texas General Land Office and public testimony for and against both measures before leaving the measures pending.
SB 21 88: The author said SB 21 88 would authorize the governing body of the future city of Starbase—if incorporation occurs—to approve weekday closures for spaceflight activities between Monday at 8 a.m. and Friday at 12 p.m., while preserving the county commissioner's authority over Friday afternoons and weekend closures. The bill keeps a 48-hour public notice requirement. As Sen. Hinojosa described it, the bill "does not change how often the beach can be closed, but instead allows the future leaders of the city of Starbase to take an administrative role currently handled by the county."
GLO deputy Angela Sunley testified that the General Land Office does not itself close beaches; that authority is delegated to counties as part of their public-health, safety and law-enforcement responsibilities and is reflected in local beach-access and dune protection plans. The Sierra Club's Craig Naser opposed the bill, saying it "flies in the face" of a state constitutional beach-access amendment and warned that handing closure authority to Starbase could make beach camping and low-cost beach visits less predictable.
SB 22 30: That bill would create a criminal offense for remaining in an FAA-designated hazard or buffer zone during spaceflight activities after an evacuation order. The committee substitute expands municipal authority by requiring a municipality (when applicable) to adopt an ordinance to order and compel evacuations, while retaining county discretion to order evacuations. The substitute also made SB 22 30 contingent on the passage of SB 21 88 (or similar legislation) in committee. Hinojosa said the substitute retains a class B misdemeanor penalty for a violation and escalates to class A for repeat violators interfering with operations.
Committee action: Committee members asked whether local law enforcement already had sufficient authority and whether criminal trespass statutes could apply; senators raised concerns about redundancy and potential enforcement issues. Public testimony included speakers opposing the creation of new criminal penalties for beachgoers who might be unaware of closures. After testimony and questions, both bills were left pending for further consideration.
Provisions to note from the transcript: SB 21 88 would authorize weekday closures for the future city of Starbase between Monday 8 a.m. and Friday noon; SB 22 30 would create misdemeanor penalties for refusing to leave an evacuated FAA hazard zone and the committee-substitute text links SB 22 30's effective date to passage of SB 21 88 in committee.
