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.

Alleged Conflict with the Open Beaches Amendment
The Supreme Court of Texas (SCOTX) has agreed to hear a case filed by community groups 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.

“Unrestricted Right” Not Absolute
In opposition, state and local authorities argue the statute does not violate the Texas Constitution because the “unrestricted right” must be read in context. Even those challenging the statute agree the Amendment does not preclude state and local officials from closing public beaches to protect public safety, such as during a storm. If the “unrestricted right” is not absolute, the legislature has the power to restrict access by some amount to promote the private space-flight industry.

Moreover, the Amendment says, “this section does not create a private right of enforcement.” The governmental authorities assert that Texas courts lack jurisdiction because the community groups are trying to enforce the Amendment by challenging the statute.

SCOTX has set oral argument for 9 AM January 13, 2026.