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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties and the General Land |
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Office to temporarily close a beach or a beach access point. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 240.902, Local Government |
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Code, is amended to read as follows: |
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Sec. 240.902. CLOSING OF GULF BEACHES FOR NONPROFIT EVENTS. |
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SECTION 2. Subchapter Z, Chapter 240, Local Government |
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Code, is amended by adding Section 240.903 to read as follows: |
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Sec. 240.903. CLOSING OF GULF BEACHES FOR SPACE FLIGHT |
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ACTIVITIES. (a) In this section: |
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(1) "Beach" has the meaning assigned by Section |
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61.012, Natural Resources Code. |
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(2) "Launch" and "space flight activities" have the |
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meanings assigned by Section 100A.001, Civil Practice and Remedies |
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Code. |
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(b) This section applies only to a county bordering on the |
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Gulf of Mexico or its tidewater limits in which the Federal Aviation |
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Administration has approved a launch site for space flight |
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activities. |
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(c) A person may not conduct a launch unless: |
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(1) the person submits to the commissioners court a |
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written request to approve a proposed primary and backup launch |
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date for the launch and provides a copy of the request to the |
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General Land Office: |
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(A) not later than the 14th day before the |
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proposed primary launch date if the proposed primary launch date is |
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not on a day described by Subsection (d); or |
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(B) not later than the 28th day before the |
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proposed primary launch date if the proposed primary launch date is |
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on a day described by Subsection (d); |
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(2) the commissioners court approves a primary and |
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backup launch date for the launch; and |
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(3) the launch takes place on the approved primary or |
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backup launch date. |
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(d) The commissioners court may not approve a primary launch |
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date consisting of any of the following days without the approval of |
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the General Land Office: |
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(1) the Saturday or Sunday preceding Memorial Day; |
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(2) Memorial Day; |
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(3) July 4; |
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(4) Labor Day; |
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(5) a Saturday after Memorial Day but before Labor |
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Day; or |
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(6) a Sunday after Memorial Day but before Labor Day. |
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(e) The commissioners court shall submit a written request |
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to approve a primary launch date on a day described by Subsection |
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(d) to the General Land Office not later than the 14th day before |
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the proposed primary launch date. The request must include a |
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justification for conducting the launch on the specified date. |
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(f) The General Land Office shall approve a request |
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submitted under Subsection (e) if the office determines that there |
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is a reasonable justification for conducting the launch on the |
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specified date. Grounds for making such a determination include: |
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(1) technical requirements; |
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(2) significant adverse business consequences of not |
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conducting the launch on the specified date; or |
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(3) regulatory requirements. |
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(g) The General Land Office must approve or deny a request |
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submitted under Subsection (e) not later than the third day after |
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the date the office receives the request. If the General Land |
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Office does not respond to the request on or before the third day |
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after the date the office receives the request, the office is |
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considered to have approved the request. |
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(h) The commissioners court may approve a backup launch date |
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of any day without the approval of the General Land Office. |
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(i) To protect the public health, safety, and welfare, the |
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commissioners court by order may temporarily close a beach in |
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reasonable proximity to the launch site or access points to the |
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beach in the county on a primary or backup launch date approved |
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under this section. |
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(j) The commissioners court must comply with the county's |
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beach access and use plan adopted and certified under Section |
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61.015, Natural Resources Code, and dune protection plan adopted |
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and certified under Chapter 63, Natural Resources Code, when |
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closing a beach or access point under this section. |
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(k) The commissioners court may enter into a memorandum of |
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understanding with the General Land Office as necessary to comply |
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with the requirements of this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |