78R1689 AKH-D

By:  Pitts                                                        H.B. No. 389



A BILL TO BE ENTITLED

AN ACT

relating to permit application and hearing procedures under the 
Texas Mass Gatherings Act; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 751.006, Health and 
Safety Code, is amended to read as follows:
	Sec. 751.006. HEARING AND RULING OF COUNTY JUDGE.                       
	SECTION 2.  Section 751.006, Health and Safety Code, is 
amended by amending Subsection (a) and adding Subsection (d) to 
read as follows:
	(a)  Not later than the 15th [10th] day after [before] the 
date on which a permit application is filed [mass gathering will 
begin], the county judge shall hold a hearing on the application 
and, at the completion of the hearing, enter a ruling in the record 
granting or denying the permit.  The county judge shall set the date 
and time of the hearing.
	(d)  A permit is considered granted if the judge fails to 
enter a ruling in the time required by this section.
	SECTION 3.  The heading to Section 751.007, Health and 
Safety Code, is amended to read as follows:
	Sec. 751.007.  DENIAL OF PERMIT; CURE [FINDINGS AND DECISION 
OF COUNTY JUDGE].
	SECTION 4.  Section 751.007, Health and Safety Code, is 
amended by adding Subsections (c), (d), and (e) to read as follows:
	(c)  The county judge shall state in the record the grounds 
for denying the permit.
	(d)  The promoter may cure deficiencies stated as grounds for 
denying the permit by addressing those deficiencies in a revised 
application and filing it with the county judge not later than the 
fifth day after the date on which the permit was denied.
	(e)  Not later than the third business day after the date on 
which the revised application is filed, the judge shall enter a 
ruling in the record granting or denying the permit.
	SECTION 5.  Section 751.004, Health and Safety Code, is 
amended by amending Subsection (b) and adding Subsection (c) to 
read as follows:
	(b)  The application must include:                                             
		(1)  the promoter's name and address;                                         
		(2)  a financial statement that reflects the funds 
being supplied to finance the mass gathering and each person 
supplying the funds;
		(3)  the name and address of the owner of the property 
on which the mass gathering will be held;
		(4)  a certified copy of the agreement between the 
promoter and the property owner;
		(5)  the location and a description of the property on 
which the mass gathering will be held;
		(6)  the dates and times that the mass gathering will be 
held;              
		(7)  the maximum number of persons the promoter will 
allow to attend the mass gathering and the plan the promoter intends 
to use to limit attendance to that number;
		(8)  the name and address of each performer who has 
agreed to appear at the mass gathering and the name and address of 
each performer's agent;
		(9)  a description of each agreement between the 
promoter and a performer;  
		(10)  a description of each step the promoter has taken 
to ensure that minimum standards of sanitation and health will be 
maintained during the mass gathering;
		(11)  a description of all preparations being made to 
provide traffic control, to ensure that the mass gathering will be 
conducted in an orderly manner, and to protect the physical safety 
of the persons who attend the mass gathering;
		(12)  a description of the preparations made to provide 
adequate medical and nursing care; [and]
		(13)  a description of the preparations made to 
supervise minors who may attend the mass gathering; and
		(14)  the name and address of a designated party 
responsible for ensuring that the mass gathering occurs in 
accordance with the information stated in the application.
	(c)  A promoter or a party described under Subdivision 
(b)(14) that makes a misrepresentation on a permit application 
commits an offense. An offense under this subsection is a Class A 
misdemeanor.
	SECTION 6.  Section 751.009, Health and Safety Code, is 
amended to read as follows:
	Sec. 751.009.  APPEAL.  A promoter or a person affected by 
the granting, denying, or revoking of a permit may appeal that 
action not later than the 10th day after the date of the action to a 
district court having jurisdiction in the county in which the mass 
gathering will be held.
	SECTION 7.  Chapter 751, Health and Safety Code, is amended 
by adding Section 751.014 to read as follows: 
	Sec. 751.014.  SUBSTANTIAL COMPLIANCE.  The county judge by 
order may terminate the mass gathering if the event is not in 
substantial compliance with the terms of the permit application.
	SECTION 8.  Section 751.007(a), Health and Safety Code, is 
repealed.         
	SECTION 9.  This Act takes effect September 1, 2003, and 
applies only to a permit application filed under Chapter 751, 
Health and Safety Code, on or after that date.