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.