By Bernsen                                            S.B. No. 1105
         77R5423 PAM-D                           
                                A BILL TO BE ENTITLED
 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.