76R15344 CMR-D
By Madla S.B. No. 339
Substitute the following for S.B. No. 339:
By Chisum C.S.S.B. No. 339
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of mass gatherings; imposing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (1), Section 751.002, Health and
1-5 Safety Code, is 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 5,000 persons who will remain at the
1-9 meeting location for more than five [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. Chapter 751, Health and Safety Code, is amended
2-25 by adding Sections 751.012 and 751.013 to read as follows:
2-26 Sec. 751.012. INSPECTIONS. (a) The county health authority
2-27 may inspect a mass gathering during the mass gathering to ensure
3-1 that the minimum standards of health and sanitation prescribed by
3-2 state and local laws, rules, and orders are being maintained. If
3-3 the county health authority determines a violation of the minimum
3-4 standards is occurring, the health authority may order the promoter
3-5 of the mass gathering to correct the violation.
3-6 (b) The county fire marshal or the person designated under
3-7 Section 751.005(c) may inspect a mass gathering during the mass
3-8 gathering to ensure that the minimum standards for ensuring public
3-9 fire safety and order as prescribed by state and local laws, rules,
3-10 and orders are being maintained. If the marshal or commissioners
3-11 court designee determines a violation of the minimum standards is
3-12 occurring, the marshal or designee may order the promoter of the
3-13 mass gathering to correct the violation.
3-14 (c) The sheriff may inspect a mass gathering during the mass
3-15 gathering to ensure that the minimum standards for ensuring public
3-16 safety and order prescribed by state and local laws, rules, and
3-17 orders are being maintained. If the sheriff determines a violation
3-18 of the minimum standards is occurring, the sheriff may order the
3-19 promoter of the mass gathering to correct the violation.
3-20 (d) A promoter who fails to comply with an order issued
3-21 under this section commits an offense. An offense under this
3-22 section is a Class C misdemeanor.
3-23 Sec. 751.013. INSPECTION FEES. (a) A commissioners court
3-24 may establish and collect a fee for an inspection performed under
3-25 Section 751.012. The fee may not exceed the amount necessary to
3-26 defray the costs of performing the inspections. The fee shall be
3-27 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.