1-1     By:  Gray, Seaman (Senate Sponsor - Bernsen)          H.B. No. 2405
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 10, 2001, reported favorably by
 1-5     the following vote:  Yeas 5, Nays 0; May 10, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to regulating mass gatherings on public beaches in coastal
1-10     counties; providing a penalty.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Chapter 61, Natural Resources Code, is amended by
1-13     adding Subchapter G to read as follows:
1-14                 SUBCHAPTER G.  PERMITS FOR MASS GATHERINGS
1-15           Sec. 61.251.  DEFINITION. In this subchapter, "mass
1-16     gathering" means a gathering that attracts or is expected to
1-17     attract more than 200 individuals who will remain at the location
1-18     of the gathering for more than two continuous hours.
1-19           Sec. 61.252.  PERMIT REQUIREMENTS. (a)  To protect the public
1-20     health, safety, and welfare, the commissioners court of a county
1-21     bordering on the Gulf of Mexico or its tidewater limits, by order,
1-22     may regulate mass gatherings of individuals on any beach in the
1-23     unincorporated area of the county by requiring a person to obtain a
1-24     permit and pay a permit fee set by the commissioners court before
1-25     the person may hold a mass gathering.
1-26           (b)  A commissioners court that requires a permit under this
1-27     subchapter must adopt procedures governing the application for and
1-28     issuance of a permit under this subchapter.  The commissioners
1-29     court may require the holder of the permit to take reasonable
1-30     specified actions to protect the public health, safety, and
1-31     welfare.
1-32           Sec. 61.253.  INJUNCTION. The county is entitled to
1-33     appropriate injunctive relief to prevent the violation or
1-34     threatened violation of an order adopted under this subchapter.
1-35           Sec. 61.254.  CRIMINAL PENALTY. A person commits an offense
1-36     if the person violates an order adopted under this chapter.  An
1-37     offense under this section is a Class B misdemeanor.
1-38           SECTION 2.  This Act takes effect immediately if it receives
1-39     a vote of two-thirds of all the members elected to each house, as
1-40     provided by Section 39, Article III, Texas Constitution.  If this
1-41     Act does not receive the vote necessary for immediate effect, this
1-42     Act takes effect September 1, 2001.
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