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McALLEN — A South Texas county will lose some authority over the beach near the SpaceX launch site if a bill approved by the state Senate Thursday becomes law.
Instead, the authority to close access to the beach would go to the proposed city of Starbase, which its residents will vote to incorporate in May.
The bill, introduced by state Sen. Adam Hinojosa, would allow the future city of Starbase to oversee weekday closures of Boca Chica beach. Cameron County would retain authority over the beach closures on Friday afternoons and weekends.
Hinojosa said the intention is to streamline the process of closing the beach.
The bill does not increase the number of beach closures permitted. SpaceX is licensed by the Federal Aviation Administration to close the beach up to 500 hours a year for operations plus 300 hours per year to address anomalies.
The bill requires 48-hour notice to the public prior to the closure of the beach. State law already prohibits the closure of the beach on certain holidays or days before and after some holidays.
"Given the substantial economic impact of Starbase and the national security role of SpaceX, it is critical to streamline administrative processes while maintaining local oversight," Hinojosa, a Republican from Corpus Christi, said during an earlier hearing on the bill.
A companion bill from Hinojosa also cleared the Senate on Thursday. It would require unauthorized individuals to evacuate an FAA-designated hazard area when it is closed for launches, making it a Class B misdemeanor to remain in the area. Repeat offenses would be a Class A misdemeanor.
A coalition of local nonprofit organizations have sought to push back on SpaceX's growing presence in the area, raising concerns over environmental effects and the public's loss of access to the beach.
In response to the bill, those groups accused lawmakers of ceding more power to SpaceX CEO Elon Musk.
“These public officials supposed to represent us are showing that they are bought and paid for by Elon Musk and SpaceX," a statement from Josette Angelique Hinojosa, co-founder of the South Texas Environmental Justice Network, said in part.
"Who will be the official that finally speaks up for the residents who can't access Boca Chica Beach for swimming or fishing because of SpaceX?" she added. "We have sent letters to regulators and elected representatives, filed lawsuits, and spoken at public hearings, yet our voices go unheard."
The Cameron County Commissioners Court also publicly opposed the bill, passing a resolution against it in late March.
County Judge Eddie Treviño said the commissioners tried to strike a balance of allowing SpaceX to be successful while also keeping in mind the impacts to the public.
"We think that having Cameron County continue to be the steward and the authority, with regard to the closures, should be continued and would be the most proper way going forward," Treviño said at a commissioners meeting.
County Commissioner David Garza said what most upset him about the bill is that it would continue to leave it up to the county to close the beach on Friday afternoons and weekends.
"Why don't they want to take responsibility in this law with Saturday and Sunday?" Garza said. "If you close on a Friday afternoon or a Saturday or Sunday, they want the county to get the blame for closing the beach?"
On Tuesday, Treviño reaffirmed his opposition to the bill to the Tribune and said he had met with Hinojosa, letting him know he would be opposed to the bill if it were to be filed.
Hinojosa said he hopes the bill will foster collaboration between the county and Starbase and allow the county to maintain authority over the beach when it is used most often.
SpaceX did respond to questions from the Tribune regarding the bill, though a representative of the company provided written testimony in support of the bill during last month’s committee hearing.
The only other voice of support for the bill during the hearing was a representative from KULR Technology Group, a company that in December inked a deal with SpaceX to launch a space battery into space, which was pointed out by state Sen. José Menendez during a Senate floor debate on the bill
"I'm just concerned that we're streamlining a bill that seems to be only going to make the rules and regulations for one company and that would be SpaceX," said Menendez, a Democrat from San Antonio.
Hinojosa, however, repeatedly sought to distinguish between SpaceX and the proposed city of Starbase which will likely be composed almost entirely of SpaceX employees.
"This is not yielding to a corporation, this is yielding to a municipality with elected officials," Hinojosa said.
The bills must receive approval from the state House before going into effect. State Rep. Janie Lopez, a Republican from San Benito, filed a similar bill in the House that is pending at the House Committee for State Affairs.
Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc.
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