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.
1-39 * * * * *