88R6027 LRM-F

By: Hunter H.B. No. 3262

A BILL TO BE ENTITLED

AN ACT

relating to county or municipal regulation of mass gatherings and sports and community venue district duties regarding emergency services and fire suppression; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 751.002, Health and Safety Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to read as follows:

(1) "Health authority" means a physician appointed under Chapter 121 or by the governing body of a municipality, county, or public health district to administer state and local laws relating to public health.

(1-a) "Mass gathering" means a gathering:

(A) that is held outside the limits of a municipality;

(B) that attracts or is expected to attract:

(i) more than 2,500 persons; or

(ii) more than 500 persons, if 51 percent or more of those persons may reasonably be expected to be younger than 21 years of age and it is planned or may reasonably be expected that alcoholic beverages will be sold, served, or consumed at or around the gathering; and

(C) at which the persons will remain:

(i) for more than five continuous hours; or

(ii) for any amount of time during the period beginning at 10 p.m. and ending at 4 a.m.

(1-b) "Permitting authority" means:

(A) the county judge of the county in which a mass gathering will be held at a location wholly or partly within the unincorporated area of the county; or

(B) the governing body of the municipality in which a mass gathering will be held at a location wholly within the municipality.

SECTION 2. Section 751.004(a), Health and Safety Code, is amended to read as follows:

(a) At least 45 days before the date on which a mass gathering will be held, the promoter shall file a permit application with the permitting authority [county judge of the county in which the mass gathering will be held].

SECTION 3. Section 751.005, Health and Safety Code, is amended to read as follows:

Sec. 751.005. INVESTIGATION. (a) After a permit application is filed with the permitting authority, the permitting authority [county judge, the county judge] shall send a copy of the application to the following:

(1) the county or municipal health authority, as applicable;

(2) the county or municipal fire marshal, as applicable, or the person designated under Subsection (c);

(3) [, and] the sheriff of a county within which a mass gathering will be wholly or partly located in the incorporated area of the county; and

(4) the municipal police chief of a municipality within which the mass gathering will be wholly located.

(b) The [county] health authority shall inquire into preparations for the mass gathering. At least five days before the date on which the hearing prescribed by Section 751.006 is held, the [county] health authority shall submit to the permitting authority [county judge] a report stating whether the health authority believes that the minimum standards of health and sanitation prescribed by state and local laws, rules, and orders will be maintained.

(c) The county or municipal fire marshal, as applicable, shall investigate preparations for the mass gathering. If there is no [county] fire marshal [in that county], the permitting authority [commissioners court] shall designate a person to act under this section. At least five days before the date on which the hearing prescribed by Section 751.006 is held, the [county] fire marshal or the permitting authority's [commissioners court] designee shall submit to the permitting authority [county judge] a report stating whether the fire marshal or designee believes that the minimum standards for ensuring public fire safety and order as prescribed by state and local laws, rules, and orders will be maintained.

(d) The sheriff or municipal police chief, as applicable, shall investigate preparations for the mass gathering. At least five days before the date on which the hearing prescribed by Section 751.006 is held, the sheriff or police chief shall submit to the permitting authority [county judge] a report stating whether the sheriff or police chief believes that the minimum standards for ensuring public safety and order that are prescribed by state and local laws, rules, and orders will be maintained.

(e) The permitting authority [county judge] may conduct any additional investigation that the permitting authority [judge] considers necessary.

(f) The [county] health authority, county or municipal fire marshal or permitting authority's [commissioners court] designee, and sheriff or municipal police chief shall be available at the hearing prescribed by Section 751.006 to give testimony relating to their reports.

SECTION 4. Section 751.006(a), Health and Safety Code, is amended to read as follows:

(a) Not later than the 10th day before the date on which a mass gathering will begin, the permitting authority [county judge] shall hold a hearing on the application. The permitting authority [county judge] shall set the date and time of the hearing.

SECTION 5. Sections 751.007 and 751.008, Health and Safety Code, are amended to read as follows:

Sec. 751.007. FINDINGS AND DECISION OF PERMITTING AUTHORITY [COUNTY JUDGE]. (a) After the completion of the hearing prescribed by Section 751.006, the permitting authority [county judge] shall enter the permitting authority's [his] findings in the record and shall either grant or deny the permit.

(b) The permitting authority [county judge] may deny the permit if the permitting authority [he] finds that:

(1) the application contains false or misleading information or omits required information;

(2) the promoter's financial backing is insufficient to ensure that the mass gathering will be conducted in the manner stated in the application;

(3) the location selected for the mass gathering is inadequate for the purpose for which it will be used;

(4) the promoter has not made adequate preparations to limit the number of persons attending the mass gathering or to provide adequate supervision for minors attending the mass gathering;

(5) the promoter does not have assurance that scheduled performers will appear;

(6) the preparations for the mass gathering do not ensure that minimum standards of sanitation and health will be maintained;

(7) the preparations for the mass gathering do not ensure that the mass gathering will be conducted in an orderly manner and that the physical safety of persons attending will be protected;

(8) adequate arrangements for traffic control have not been provided; or

(9) adequate medical and nursing care will not be available.

Sec. 751.008. PERMIT REVOCATION. (a) The permitting authority [county judge] may revoke a permit issued under this chapter if the permitting authority [county judge] finds that preparations for the mass gathering will not be completed by the time the mass gathering will begin or that the permit was obtained by fraud or misrepresentation.

(b) The permitting authority [county judge] must give notice to the promoter that the permit will be revoked at least 24 hours before the revocation. If requested by the promoter, the permitting authority [county judge] shall hold a hearing on the revocation.

SECTION 6. Sections 751.012(a), (b), and (c), Health and Safety Code, are amended to read as follows:

(a) The [county] health authority may inspect a mass gathering during the mass gathering to ensure that the minimum standards of health and sanitation prescribed by state and local laws, rules, and orders are being maintained. If the [county] health authority determines a violation of the minimum standards is occurring, the health authority may order the promoter of the mass gathering to correct the violation.

(b) The county or municipal fire marshal, as applicable, or the person designated under Section 751.005(c) may inspect a mass gathering during the mass gathering to ensure that the minimum standards for ensuring public fire safety and order as prescribed by state and local laws, rules, and orders are being maintained. If the marshal or [commissioners court] designee determines a violation of the minimum standards is occurring, the marshal or designee may order the promoter of the mass gathering to correct the violation.

(c) The sheriff or municipal police chief, as applicable, may inspect a mass gathering during the mass gathering to ensure that the minimum standards for ensuring public safety and order prescribed by state and local laws, rules, and orders are being maintained. If the sheriff or police chief determines a violation of the minimum standards is occurring, the sheriff or police chief may order the promoter of the mass gathering to correct the violation.

SECTION 7. Section 751.013, Health and Safety Code, is amended to read as follows:

Sec. 751.013. INSPECTION FEES. (a) A permitting authority [commissioners court] may establish and collect a fee for an inspection performed under Section 751.012. The fee may not exceed the amount necessary to defray the costs of performing the inspections. The fee shall be deposited into the general fund of the county or municipality, as applicable.

(b) A permitting authority [commissioners court] may use money collected under this section to reimburse the county or municipality, as applicable [department] or, if a state agency performs the inspection on behalf of the permitting authority [county], the state agency, for the cost of performing the inspection.

SECTION 8. The heading to Section 335.071, Local Government Code, is amended to read as follows:

Sec. 335.071. GENERAL POWERS AND DUTIES OF DISTRICT.

SECTION 9. Section 335.071, Local Government Code, is amended by adding Subsection (i) to read as follows:

(i) A district shall contract with appropriate fire and emergency medical services departments for the municipality or the emergency services district in which the venue is located for all goods and services related to fire suppression and emergency medical care.

SECTION 10. Chapter 751, Health and Safety Code, as amended by this Act, applies only to a mass gathering occurring on or after March 1, 2024. A mass gathering occurring before March 1, 2024, is governed by the law in effect immediately before the effective date of this Act.

SECTION 11. This Act takes effect September 1, 2023.