By Rodriguez                                          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 official, and the sheriff.
   1-16        (b)  The county health authority shall inquire into
   1-17  preparations for the mass gathering.  At least five days before the
   1-18  date on which the hearing prescribed by Section 751.006 is held,
   1-19  the county health authority shall submit to the county judge a
   1-20  report stating whether the health authority believes that the
   1-21  minimum standards of health and sanitation prescribed by state and
   1-22  local laws, rules, and orders will be maintained.
   1-23        (c)  The county fire official shall investigate preparations
    2-1  for the mass gathering.  At least five days before the date on
    2-2  which the hearing prescribed by Section 751.006 is held, the county
    2-3  fire official shall submit to the county judge a report stating
    2-4  whether the fire official believes that the minimum standards for
    2-5  ensuring public fire safety and order as prescribed by state and
    2-6  local laws, rules, and orders will be maintained.
    2-7        (d)  The sheriff shall investigate preparations for the mass
    2-8  gathering.  At least five days before the date on which the hearing
    2-9  prescribed by Section 751.006 is held, the sheriff shall submit to
   2-10  the county judge a report stating whether the sheriff believes that
   2-11  the minimum standards for ensuring public safety and order that are
   2-12  prescribed by state and local laws, rules, and orders will be
   2-13  maintained.
   2-14        (e) <(d)>  The county judge may conduct any additional
   2-15  investigation that the judge considers necessary.
   2-16        (f) <(e)>  The county health authority, county fire official,
   2-17  and sheriff shall be available at the hearing prescribed by Section
   2-18  751.006 to give testimony relating to their reports.
   2-19        SECTION 3.  This Act applies only to a permit application
   2-20  filed on or after the effective date of this Act.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.