1-1 AN ACT 1-2 relating to regulating mass gatherings on public beaches in coastal 1-3 counties; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 61, Natural Resources Code, is amended by 1-6 adding Subchapter G to read as follows: 1-7 SUBCHAPTER G. PERMITS FOR MASS GATHERINGS 1-8 Sec. 61.251. DEFINITION. In this subchapter, "mass 1-9 gathering" means a gathering that attracts or is expected to 1-10 attract more than 200 individuals who will remain at the location 1-11 of the gathering for more than two continuous hours. 1-12 Sec. 61.252. PERMIT REQUIREMENTS. (a) To protect the public 1-13 health, safety, and welfare, the commissioners court of a county 1-14 bordering on the Gulf of Mexico or its tidewater limits, by order, 1-15 may regulate mass gatherings of individuals on any beach in the 1-16 unincorporated area of the county by requiring a person to obtain a 1-17 permit and pay a permit fee set by the commissioners court before 1-18 the person may hold a mass gathering. 1-19 (b) A commissioners court that requires a permit under this 1-20 subchapter must adopt procedures governing the application for and 1-21 issuance of a permit under this subchapter. The commissioners 1-22 court may require the holder of the permit to take reasonable 1-23 specified actions to protect the public health, safety, and 1-24 welfare. 2-1 Sec. 61.253. INJUNCTION. The county is entitled to 2-2 appropriate injunctive relief to prevent the violation or 2-3 threatened violation of an order adopted under this subchapter. 2-4 Sec. 61.254. CRIMINAL PENALTY. A person commits an offense 2-5 if the person violates an order adopted under this chapter. An 2-6 offense under this section is a Class B misdemeanor. 2-7 SECTION 2. This Act takes effect immediately if it receives 2-8 a vote of two-thirds of all the members elected to each house, as 2-9 provided by Section 39, Article III, Texas Constitution. If this 2-10 Act does not receive the vote necessary for immediate effect, this 2-11 Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2405 was passed by the House on May 5, 2001, by the following vote: Yeas 140, Nays 0, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 2405 was passed by the Senate on May 22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor