BILL ANALYSIS



C.S.H.B. 2789
By: Rodriguez
5-2-95
Committee Report (Substituted)


BACKGROUND

Currently, "mass gathering" means a gathering that is held outside
the limits of a municipality and that attracts or is expected to
attract more than 5,000 persons who will remain at the meeting
location for a period of more than 12 continuous hours.  Since the
definition includes the period more that 12 continuous hours, most
promoters schedule events and mass gatherings just under the 12
hour period to avoid having to obtain a permit or having to provide
for the minimum standards of health, sanitation, traffic control,
medical care and the general safety of the public.  Any time more
than 2,000 persons are gathered on one location, the general
sanitation, health and safety of those individuals has to be
considered.

The current Act does not provide for fire safety or fire prevention
inspections to be performed prior to issuing a permit for or during
those gatherings.  Although the legislative intent was to provide
for the general safety of the public, this was not included in the
original Act.  There is generally cooking or food preparation and
other ceremonial types of fires and sometimes even fireworks
displays at these gatherings, which all have a high potential of
causing a fire.  

PURPOSE

The purpose of this legislation is to ensure the public is
protected at mass gatherings.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 751.002(1) of the Health and Safety Code
by amending the definition for "mass gathering."  The number of
persons is lowered to 2,000 from 5,000 and there is no longer a
time frame guideline for the length of time of the gathering.

SECTION 2.  Amends Section 751.005 of the Health and Safety Code as
follows:
     (a) now includes that a copy of the permit application filed
shall also be sent to the county fire marshal or the person
designated under Subsection (c).
     (c) requires that the county fire marshal shall investigate
preparations for the mass gathering.  If there is no fire marshal
in that county than the 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 commissioners court designee shall
submit to the 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.

     (f) now includes that the county fire marshal or commissioners
court designee shall also be available at the hearing prescribed by
Section 751.006 to give testimony relating to their reports.

SECTION 3.  This Act applies only to a permit application filed on
or after the effective date of this Act.

SECTION 4.  Emergency clause and the effective date is from and
after its passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute makes reference to the "county fire
marshal or commissioners court designee", whereas the original bill
refers to "the fire county official."

SUMMARY OF COMMITTEE ACTION

HB 2789 was considered by the County Affairs Committee in a public
hearing on 4/26/95. Representative Rodriguez opened and closed. HB
2789 was left pending. HB 2789 was considered by the County Affairs
Committee in a formal meeting on 5/2/95. The committee considered
a complete committee substitute to HB 2789. The substitute was
adopted without objection. HB 2789 was reported favorably, as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.