By Goolsby H.B. No. 1111
77R3945 ATP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county judge to delegate to another
1-3 county officer the duty to hear applications for mass gatherings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 751, Health and Safety Code, is amended by
1-6 adding Section 751.0055 to read as follows:
1-7 Sec. 751.0055. DELEGATION OF DUTIES OF COUNTY JUDGE. (a)
1-8 The county judge of a county may file an order with the
1-9 commissioners court of the county delegating to another county
1-10 officer the duty to hear applications for a permit under this
1-11 chapter. The order may provide for allowing the county officer to
1-12 revoke a permit under Section 751.008.
1-13 (b) An order of a county officer acting under the delegated
1-14 authority of the county judge in regard to a permit has the same
1-15 effect as an order of the county judge.
1-16 (c) During the period in which the order is in effect, the
1-17 county judge may withdraw the authority delegated in relation to an
1-18 application and the county judge may hear the application.
1-19 (d) The county judge may at any time revoke an order
1-20 delegating duties under this section.
1-21 SECTION 2. Section 751.009, Health and Safety Code, is
1-22 amended to read as follows:
1-23 Sec. 751.009. APPEAL. A promoter or a person affected by the
1-24 [action of a county judge in] granting, denying, or revoking of a
2-1 permit may appeal that action to a district court having
2-2 jurisdiction in the county in which the mass gathering will be
2-3 held.
2-4 SECTION 3. This Act takes effect immediately if it receives
2-5 a vote of two-thirds of all the members elected to each house, as
2-6 provided by Section 39, Article III, Texas Constitution. If this
2-7 Act does not receive the vote necessary for immediate effect, this
2-8 Act takes effect September 1, 2001.