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.
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