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. 1-43 * * * * *