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.