SRC-JEC H.B. 2405 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2405
77R5423 PAM-DBy: Gray (Bernsen)
Intergovernmental Relations
5/9/2001
Engrossed


DIGEST AND PURPOSE 

On the Bolivar Peninsula in Galveston County there have been repeated
incidents of people organizing mass gatherings. The Bolivar Peninsula is an
unincorporated area and is not subject to many county regulations. Due to
lack of regulation, these gatherings have resulted in large amounts of
trash being deposited on the beach, and raised issues relating to security
of the area, including reported acts of violence.  H.B. 2405 authorizes the
commissioners court of a county bordering on the Gulf of Mexico to regulate
mass gatherings of individuals on any beach in the unincorporated area of
the county.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 61, Natural Resources Code, by adding Subchapter
G, as follows: 

SUBCHAPTER G.  PERMITS FOR MASS GATHERINGS

Sec. 61.251.  DEFINITION. Defines "mass gathering." 

Sec. 61.252.  PERMIT REQUIREMENTS. (a) Authorizes the commissioners court
of a county bordering on the Gulf of Mexico or its tidewater limits, by
order, in order to protect the public health, safety, and welfare, to
regulate mass gatherings of individuals on any beach in the unincorporated
area of the county by requiring a person to obtain a permit and pay a
permit fee set by the commissioners court before the person may hold a mass
gathering. 

(b)  Requires a commissioners court that requires a permit under this
subchapter to adopt procedures governing the application for and issuance
of a permit under this subchapter.  Authorizes the commissioners court to
require the holder of the permit to take reasonable specified actions to
protect the public health, safety, and welfare. 

Sec. 61.253.  INJUNCTION.  Entitles the county to appropriate injunctive
relief to prevent the violation or threatened violation of an order adopted
under this subchapter. 

Sec. 61.254.  CRIMINAL PENALTY. Provides that a person commits an offense
if the person violates an order adopted under this chapter.  Provides that
an offense under this section is a Class B misdemeanor. 

SECTION 2.  Effective date: upon passage or September 1, 2001.