1-1 By: Madla S.B. No. 339
1-2 (In the Senate - Filed February 1, 1999; February 3, 1999,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 11, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 March 11, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 339 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of mass gatherings; imposing a penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivision (1), Section 751.002, Health and
1-13 Safety Code, is amended to read as follows:
1-14 (1) "Mass gathering" means a gathering that is held
1-15 outside the limits of a municipality and that attracts or is
1-16 expected to attract more than 5,000 persons who will remain at the
1-17 meeting location for more than five [12] continuous hours.
1-18 SECTION 2. Section 751.005, Health and Safety Code, is
1-19 amended to read as follows:
1-20 Sec. 751.005. Investigation. (a) After a permit
1-21 application is filed with the county judge, the county judge shall
1-22 send a copy of the application to the county health authority, the
1-23 county fire marshal or the person designated under Subsection (c),
1-24 and the sheriff.
1-25 (b) The county health authority shall inquire into
1-26 preparations for the mass gathering. At least five days before the
1-27 date on which the hearing prescribed by Section 751.006 is held,
1-28 the county health authority shall submit to the county judge a
1-29 report stating whether the health authority believes that the
1-30 minimum standards of health and sanitation prescribed by state and
1-31 local laws, rules, and orders will be maintained.
1-32 (c) The county fire marshal shall investigate preparations
1-33 for the mass gathering. If there is no county fire marshal in that
1-34 county, the commissioners court shall designate a person to act
1-35 under this section. At least five days before the date on which
1-36 the hearing prescribed by Section 751.006 is held, the county fire
1-37 marshal or the commissioners court designee shall submit to the
1-38 county judge a report stating whether the fire marshal or designee
1-39 believes that the minimum standards for ensuring public fire safety
1-40 and order as prescribed by state and local laws, rules, and orders
1-41 will be maintained.
1-42 (d) The sheriff shall investigate preparations for the mass
1-43 gathering. At least five days before the date on which the hearing
1-44 prescribed by Section 751.006 is held, the sheriff shall submit to
1-45 the county judge a report stating whether the sheriff believes that
1-46 the minimum standards for ensuring public safety and order that are
1-47 prescribed by state and local laws, rules, and orders will be
1-48 maintained.
1-49 (e) [(d)] The county judge may conduct any additional
1-50 investigation that the judge considers necessary.
1-51 (f) [(e)] The county health authority, county fire marshal
1-52 or commissioners court designee, and sheriff shall be available at
1-53 the hearing prescribed by Section 751.006 to give testimony
1-54 relating to their reports.
1-55 SECTION 3. Chapter 751, Health and Safety Code, is amended
1-56 by adding Section 751.012 to read as follows:
1-57 Sec. 751.012. INSPECTIONS. (a) The county health authority
1-58 may inspect a mass gathering during the mass gathering to ensure
1-59 that the minimum standards of health and sanitation prescribed by
1-60 state and local laws, rules, and orders are being maintained. If
1-61 the county health authority determines a violation of the minimum
1-62 standards is occurring, the health authority may order the promoter
1-63 of the mass gathering to correct the violation.
1-64 (b) The county fire marshal or the person designated under
2-1 Section 751.005(c) may inspect a mass gathering during the mass
2-2 gathering to ensure that the minimum standards for ensuring public
2-3 fire safety and order as prescribed by state and local laws, rules,
2-4 and orders are being maintained. If the marshal or commissioners
2-5 court designee determines a violation of the minimum standards is
2-6 occurring, the marshal or designee may order the promoter of the
2-7 mass gathering to correct the violation.
2-8 (c) The sheriff may inspect a mass gathering during the mass
2-9 gathering to ensure that the minimum standards for ensuring public
2-10 safety and order prescribed by state and local laws, rules, and
2-11 orders are being maintained. If the sheriff determines a violation
2-12 of the minimum standards is occurring, the sheriff may order the
2-13 promoter of the mass gathering to correct the violation.
2-14 (d) A promoter who fails to comply with an order issued
2-15 under this section commits an offense. An offense under this
2-16 section is a Class C misdemeanor.
2-17 SECTION 4. This Act applies only to a permit application
2-18 under Chapter 751, Health and Safety Code, filed on or after the
2-19 effective date of this Act.
2-20 SECTION 5. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.
2-27 * * * * *