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.