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.