AN ACT
1-1 relating to the regulation of mass gatherings; imposing a penalty.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subdivision (1), Section 751.002, Health and
1-4 Safety Code, is amended to read as follows:
1-5 (1) "Mass gathering" means a gathering that is held
1-6 outside the limits of a municipality and that attracts or is
1-7 expected to attract more than 5,000 persons who will remain at the
1-8 meeting location for more than five [12] continuous hours.
1-9 SECTION 2. Section 751.005, Health and Safety Code, is
1-10 amended to read as follows:
1-11 Sec. 751.005. Investigation. (a) After a permit
1-12 application is filed with the county judge, the county judge shall
1-13 send a copy of the application to the county health authority, the
1-14 county fire marshal or the person designated under Subsection (c),
1-15 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 marshal shall investigate preparations
1-24 for the mass gathering. If there is no county fire marshal in that
2-1 county, the commissioners court shall designate a person to act
2-2 under this section. At least five days before the date on which
2-3 the hearing prescribed by Section 751.006 is held, the county fire
2-4 marshal or the commissioners court designee shall submit to the
2-5 county judge a report stating whether the fire marshal or designee
2-6 believes that the minimum standards for ensuring public fire safety
2-7 and order as prescribed by state and local laws, rules, and orders
2-8 will be maintained.
2-9 (d) The sheriff shall investigate preparations for the mass
2-10 gathering. At least five days before the date on which the hearing
2-11 prescribed by Section 751.006 is held, the sheriff shall submit to
2-12 the county judge a report stating whether the sheriff believes that
2-13 the minimum standards for ensuring public safety and order that are
2-14 prescribed by state and local laws, rules, and orders will be
2-15 maintained.
2-16 (e) [(d)] The county judge may conduct any additional
2-17 investigation that the judge considers necessary.
2-18 (f) [(e)] The county health authority, county fire marshal
2-19 or commissioners court designee, and sheriff shall be available at
2-20 the hearing prescribed by Section 751.006 to give testimony
2-21 relating to their reports.
2-22 SECTION 3. Chapter 751, Health and Safety Code, is amended
2-23 by adding Sections 751.012 and 751.013 to read as follows:
2-24 Sec. 751.012. INSPECTIONS. (a) The county health authority
2-25 may inspect a mass gathering during the mass gathering to ensure
2-26 that the minimum standards of health and sanitation prescribed by
3-1 state and local laws, rules, and orders are being maintained. If
3-2 the county health authority determines a violation of the minimum
3-3 standards is occurring, the health authority may order the promoter
3-4 of the mass gathering to correct the violation.
3-5 (b) The county fire marshal or the person designated under
3-6 Section 751.005(c) may inspect a mass gathering during the mass
3-7 gathering to ensure that the minimum standards for ensuring public
3-8 fire safety and order as prescribed by state and local laws, rules,
3-9 and orders are being maintained. If the marshal or commissioners
3-10 court designee determines a violation of the minimum standards is
3-11 occurring, the marshal or designee may order the promoter of the
3-12 mass gathering to correct the violation.
3-13 (c) The sheriff may inspect a mass gathering during the mass
3-14 gathering to ensure that the minimum standards for ensuring public
3-15 safety and order prescribed by state and local laws, rules, and
3-16 orders are being maintained. If the sheriff determines a violation
3-17 of the minimum standards is occurring, the sheriff may order the
3-18 promoter of the mass gathering to correct the violation.
3-19 (d) A promoter who fails to comply with an order issued
3-20 under this section commits an offense. An offense under this
3-21 section is a Class C misdemeanor.
3-22 Sec. 751.013. INSPECTION FEES. (a) A commissioners court
3-23 may establish and collect a fee for an inspection performed under
3-24 Section 751.012. The fee may not exceed the amount necessary to
3-25 defray the costs of performing the inspections. The fee shall be
3-26 deposited into the general fund of the county.
4-1 (b) A commissioners court may use money collected under this
4-2 section to reimburse the county department or, if a state agency
4-3 performs the inspection on behalf of the county, the state agency,
4-4 the cost of performing the inspection.
4-5 SECTION 4. This Act applies only to a permit application
4-6 under Chapter 751, Health and Safety Code, filed on or after the
4-7 effective date of this Act.
4-8 SECTION 5. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 339 passed the Senate on
March 18, 1999, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 28, 1999, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 339 passed the House, with
amendment, on May 25, 1999, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor