A Texas statute allows state and local authorities to close public beaches to accommodate “space flight activities” by private businesses. In 2019, Space X began launching rockets for satellites in Texas. The “blast radius” of the launches includes Boca Chica Beach, a public recreation area, which authorities close during launches.

Challenge Based on Open Beaches Amendment
Several non-governmental organizations sued, alleging the statute conflicts with the Open Beaches Amendment in the Texas Constitution. This Amendment gives the public “an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.” The groups argue that the Amendment precludes the government from closing public beaches to accommodate private business activities, such as Space X’s rocket launches.

No Private Right of Enforcement
On June 19, 2026, the Supreme Court of Texas (SCOTX) dismissed the case for lack of jurisdiction. The Amendment says, “this section does not create a private right of enforcement.” SCOTX held that a suit by private parties alleging that a statute was unconstitutional required a “private right of enforcement” for the courts to have jurisdiction. The Amendment’s specific statement denying such a right, which does not appear in any other part of the Texas Constitution, precludes private parties from seeking a court ruling that a statute conflicts with the Amendment.
Due to lack of jurisdiction, SCOTX did not consider if the statute conflicts with the Amendment.

To see SCOTX’s opinion 24-0237-0407-0457.pdf