By Madla S.B. No. 339
76R3126 CMR-D
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. 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 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.
1-24 (c) The county fire marshal shall investigate preparations
2-1 for the mass gathering. If there is no county fire marshal in that
2-2 county, the commissioners court shall designate a person to act
2-3 under this section. At least five days before the date on which
2-4 the hearing prescribed by Section 751.006 is held, the county fire
2-5 marshal or the commissioners court designee shall submit to the
2-6 county judge a report stating whether the fire marshal or designee
2-7 believes that the minimum standards for ensuring public fire safety
2-8 and order as prescribed by state and local laws, rules, and orders
2-9 will be maintained.
2-10 (d) The sheriff shall investigate preparations for the mass
2-11 gathering. At least five days before the date on which the hearing
2-12 prescribed by Section 751.006 is held, the sheriff shall submit to
2-13 the county judge a report stating whether the sheriff believes that
2-14 the minimum standards for ensuring public safety and order that are
2-15 prescribed by state and local laws, rules, and orders will be
2-16 maintained.
2-17 (e) [(d)] The county judge may conduct any additional
2-18 investigation that the judge considers necessary.
2-19 (f) [(e)] The county health authority, county fire marshal
2-20 or commissioners court designee, and sheriff shall be available at
2-21 the hearing prescribed by Section 751.006 to give testimony
2-22 relating to their reports.
2-23 SECTION 3. Chapter 751, Health and Safety Code, is amended
2-24 by adding Section 751.012 to read as follows:
2-25 Sec. 751.012. INSPECTIONS. (a) The county health authority
2-26 may inspect a mass gathering during the mass gathering to ensure
2-27 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 SECTION 4. This Act applies only to a permit application
3-23 under Chapter 751, Health and Safety Code, filed on or after the
3-24 effective date of this Act.
3-25 SECTION 5. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.