Texas Beach Access Update

Beachgoers all across Texas can take heart in knowing that state laws protecting the right to free and unrestricted access to public beaches along the Gulf remain intact after a tumultuous state legislative session has come to a close in Austin. This outcome, however, did not come without a fight, and did not come without a loss that will allow space flight activities to overrule beach access law.

Summer has arrived, and the season for flocking to Texas’ 367 miles of public beach is underway. In Texas, the right of the public to free and unrestricted access is protected by state law, put into place by the Texas Open Beaches Act in 1959, and constitutional protections in the Texas State Constitution. The importance of this right does not go unappreciated by folks seeking to escape the sweltering heat, catch their dinner, or enjoy time outside with their friends and family.

What the public may not know is that every two years when the Texas Legislature convenes, there are efforts by some to weaken beach access laws and infringe upon these rights. This year’s legislative session was no exception. This year, bills were considered that would have allowed cities and counties to operate with only partially approved Beach Access and Dune Protection plans (House Bill 802), that would have criminalized one’s unknowing presence in an evacuation zone at Boca Chica Beach (Senate Bill 2230 / House Bill 4661), and that would have given the new City of Starbase broad authority to close the public beach or state highway (Senate Bill 2188, House Bill 4660, and House Bill 1240). The majority of these bills related to SpaceX’s objective to control public highway and public beach space by its facilities in Boca Chica, Texas. This area was recently incorporated into the City of Starbase via an election on May 3, 2025, in a jurisdiction with only 283 voters, most of whom are employed by SpaceX or are the family of someone employed by SpaceX.

These six bills were defeated, which was possible due to a groundswell of support from Surfrider Foundation Texas members and several other organizations’ grassroots activists taking a lot of time emailing, calling, and leaving messages for legislators of both the Texas State House and Senate to voice opposition to messing with Texas public beach access.

Although provisions of the Texas Open Beaches Act remain unchanged due to successful advocacy, in a last ditch effort to deliver increased control over public assets to benefit SpaceX, a bad clause was added to an unrelated bill, House Bill 5246. This amendment allows the Texas Space Commission to temporarily close a highway, beach, or other area to promote space-related industries. To successfully weasel in this amendment, it required those legislators favoring space interests over public beach access to execute several maneuvers, including: suspending the legislative rules, convincing legislators to vote without the opportunity to read the proposed amendment, and conducting all of this business over the weekend of May 30 - June 1, leading up to the final 24 hours of the session. In the end, the bill was passed with this amendment. Surfrider Foundation Texas is examining next steps to address this unfavorable measure.

The Surfrider Foundation South Texas Chapter, Coastal Bend Chapter and Galveston Chapter wholeheartedly thank everyone who put their efforts, energy, time, and spirits into fighting the bad beach bills that came around in the 89th Texas Legislative Session. A huge Texas-sized Mahalo to all of y'all! We fought the good fight. Y’all should be proud! Babe Schwartz and Bob Eckhardt, the authors and the advocates of the Texas Open Beaches Act, would be proud.

You can rest assured that Texas Surfrider Foundation chapters stand ready to fight for our Texas beaches in the future and with your support and help we'll fend off any further attempts by those trying to steal our beach access.

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