74R8172 KLL-D
By Rodriguez H.B. No. 2789
Substitute the following for H.B. No. 2789:
By Kamel C.S.H.B. No. 2789
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of mass gatherings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 751.002(1), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (1) "Mass gathering" means a gathering that is held
1-7 outside the limits of a municipality and that attracts or is
1-8 expected to attract more than 2,000 <5,000> persons <who will
1-9 remain at the meeting location for more than 12 continuous hours>.
1-10 SECTION 2. Section 751.005, Health and Safety Code, is
1-11 amended to read as follows:
1-12 Sec. 751.005. Investigation. (a) After a permit
1-13 application is filed with the county judge, the county judge shall
1-14 send a copy of the application to the county health authority, the
1-15 county fire marshal or the person designated under Subsection (c),
1-16 and the sheriff.
1-17 (b) The county health authority shall inquire into
1-18 preparations for the mass gathering. At least five days before the
1-19 date on which the hearing prescribed by Section 751.006 is held,
1-20 the county health authority shall submit to the county judge a
1-21 report stating whether the health authority believes that the
1-22 minimum standards of health and sanitation prescribed by state and
1-23 local laws, rules, and orders will be maintained.
2-1 (c) The county fire marshal shall investigate preparations
2-2 for the mass gathering. If there is no county fire marshal in that
2-3 county, the commissioners court shall designate a person to act
2-4 under this section. At least five days before the date on which
2-5 the hearing prescribed by Section 751.006 is held, the county fire
2-6 marshal or the commissioners court designee shall submit to the
2-7 county judge a report stating whether the fire marshal or designee
2-8 believes that the minimum standards for ensuring public fire safety
2-9 and order as prescribed by state and local laws, rules, and orders
2-10 will be maintained.
2-11 (d) The sheriff shall investigate preparations for the mass
2-12 gathering. At least five days before the date on which the hearing
2-13 prescribed by Section 751.006 is held, the sheriff shall submit to
2-14 the county judge a report stating whether the sheriff believes that
2-15 the minimum standards for ensuring public safety and order that are
2-16 prescribed by state and local laws, rules, and orders will be
2-17 maintained.
2-18 (e) <(d)> The county judge may conduct any additional
2-19 investigation that the judge considers necessary.
2-20 (f) <(e)> The county health authority, county fire marshal
2-21 or commissioners court designee, and sheriff shall be available at
2-22 the hearing prescribed by Section 751.006 to give testimony
2-23 relating to their reports.
2-24 SECTION 3. This Act applies only to a permit application
2-25 under Chapter 751, Health and Safety Code, filed on or after the
3-1 effective date of this Act.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.