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Texas Supreme Court hears argument over beach‑closure law tied to rocket launches

Supreme Court of Texas · March 5, 2026
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Summary

The Supreme Court of Texas heard consolidated argument on whether a law (referred to in argument as "House bill 26 23") that enables beach closures for spaceflight activity is a permissible exercise of the state's police power or an unconstitutional restriction of the public's easement under Article I, Section 33 of the Texas Constitution. Petitioners and the state defended the statute; respondents said it effectively grants private actors (SpaceX) exclusive use of public beaches.

The Supreme Court of Texas convened a special oral‑argument session at the University of Texas to hear consolidated challenges to what counsel and justices referred to during argument as "House bill 26 23," a statute authorizing closures of public beaches for spaceflight or related operations.

Chief Justice Jimmy Blacklock opened the session and listed the consolidated dockets before the court. Petitioners' counsel, Ms. Klusman, told the court the Open Beaches Amendment in Article I, Section 33 creates a public easement but that all property rights remain subject to the valid exercise of the state's police power. "We are talking about a . . . a property right," Klusman said, arguing the statute falls within police‑power limits and that the court should reverse the court of appeals and uphold the law as constitutional.

Several justices pressed petitioners about the scope of relief sought and whether…

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