SRC-JXG S.B. 339 76(R)BILL ANALYSIS


Senate Research CenterS.B. 339
By: Madla
Intergovernmental Relations
7/6/1999
Enrolled


DIGEST 

Currently, under the Texas Mass Gathering Act, a promoter holding a
gathering in an unincorporated area of a county, which is expected to
attract more than 5,000 persons who will remain at the meeting location for
more than 12 continuous hours, to file a permit application with the county
judge in the county in which the gathering will be held. The county judge
must send a copy of the application for the gathering to the county health
authority and the sheriff. The county health authority and the sheriff
investigate preparations for the gathering to determine the minimum
standards for public safety, health, and sanitation as prescribed by state
and local laws. The Mass Gathering Act does not require the county fire
marshal to provide fire safety and prevention investigations or fire
inspections during the event. S.B. 339 will require the county fire marshal
to investigate preparations for a gathering to determine the minimum
standards to ensure public fire safety. 

PURPOSE

As enrolled, S.B. 339 authorizes certain county officials to ensure public
safety at mass gatherings.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 751.002(1), Health and Safety Code, to redefine
"mass gathering," as a gathering held outside a municipality's limits that
attracts more than 5,000 persons who will remain at the meeting location
for more than 5, rather than 12, continuous hours. 

SECTION 2. Amends Section 751.005, Health and Safety Code, to require a
county judge to send a copy of the application to the county health
authority, the county fire marshal or the person designated under
Subsection (c), and the sheriff. Requires the county fire marshal to
investigate preparations for the mass gathering. Requires the commissioners
court to designate a person to act under this section, if there is no
county fire marshal in that county. Requires the county fire marshal or the
commissioners court designee to 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, at least five days before the
date on which the hearing prescribed by Section 751.006 is held. Requires
the county fire marshal or commissioners court designee to be available at
the hearing to give testimony relating to their reports. Makes conforming
changes.   

SECTION 3. Amends Chapter 751, Health and Safety Code, by adding Section
751.012, as follows: 

Sec. 751.012. INSPECTIONS. (a) Authorizes the county health authority to
inspect a mass gathering during the gathering to ensure that the minimum
standards of health and sanitation prescribed by state and local laws,
rules, and orders are being maintained. Authorizes the health authority to
order the promoter of the mass gathering to correct the violation, if the
county health authority determines a violation of the minimum standards is
occurring.  

(b) Authorizes the county fire marshal or the person designated under
Section 751.005(c) to  inspect a mass gathering during the mass gathering
to ensure that the minimum standards for ensuring public fire safety and
order are being maintained. Authorizes the marshal or designee to order the
promoter of the mass gathering to correct the violation, if the marshal or
commissioners court designee determines a violation of the minimum
standards is occurring. 

(c) Authorizes the sheriff to inspect a mass gathering to ensure that the
minimum standards for ensuring public safety and order prescribed by state
and local laws, rules, and orders are being maintained. Authorizes the
sheriff to order the promoter of the mass gathering to correct the
violation, if the sheriff determines a violation of the minimum standards
is occurring. 
 
(d) Provides that a promoter who fails to comply with an order issued under
this section commits a Class C misdemeanor. 

SECTION 4. Makes application of this Act prospective. 

SECTION 5. Emergency clause.
           Effective date: upon passage.