1-1     By:  Carona                                            S.B. No. 286
 1-2           (In the Senate - Filed January 18, 2001; January 22, 2001,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; February 15, 2001, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; February 15, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the authority of a county judge to delegate to another
 1-9     county officer the duty to hear applications for mass gatherings.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 751, Health and Safety Code, is amended
1-12     by adding Section 751.0055 to read as follows:
1-13           Sec. 751.0055.  DELEGATION OF DUTIES OF COUNTY JUDGE.
1-14     (a)  The county judge of a county may file an order with the
1-15     commissioners court of the county delegating to another county
1-16     officer the duty to hear applications for a permit under this
1-17     chapter.  The order may provide for allowing the county officer to
1-18     revoke a permit under Section 751.008.
1-19           (b)  An order of a county officer acting under the delegated
1-20     authority of the county judge in regard to a permit has the same
1-21     effect as an order of the county judge.
1-22           (c)  During the period in which the order is in effect, the
1-23     county judge may withdraw the authority delegated in relation to an
1-24     application and the county judge may hear the application.
1-25           (d)  The county judge may at any time revoke an order
1-26     delegating duties under this section.
1-27           SECTION 2.  Section 751.009, Health and Safety Code, is
1-28     amended to read as follows:
1-29           Sec. 751.009.  APPEAL.  A promoter or a person affected by
1-30     the [action of a county judge in] granting, denying, or revoking of
1-31     a permit may appeal that action to a district court having
1-32     jurisdiction in the county in which the mass gathering will be
1-33     held.
1-34           SECTION 3.  This Act takes effect immediately if it receives
1-35     a vote of two-thirds of all the members elected to each house, as
1-36     provided by Section 39, Article III, Texas Constitution.  If this
1-37     Act does not receive the vote necessary for immediate effect, this
1-38     Act takes effect September 1, 2001.
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