By: Hilderbran H.B. No. 2205
Substitute the following for H.B. No. 2205:
By: Flynn C.S.H.B. No. 2205
A BILL TO BE ENTITLED
AN ACT
relating to certain mass gatherings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 751.002(1), Health and Safety Code, is
amended to read as follows:
(1) "Mass gathering" means a gathering that is held
outside the limits of a municipality and that:
(A) attracts or is expected to attract more than
5,000 persons who will remain at the meeting location for more than
five continuous hours or for any duration of time between the hours
of 10 p.m. and 4 a.m.; or
(B) attracts or is expected to attract more than
500 persons who will remain at the meeting location for more than
five continuous hours or for any duration of time between the hours
of 10 p.m. and 4 a.m. where:
(i) a majority of the persons may
reasonably be expected to be under 21 years of age; and
(ii) it is planned or may reasonably be
expected that alcoholic beverages will be sold, served, or consumed
at or around the gathering.
SECTION 2. Section 751.004, Health and Safety Code, is
amended by adding Subsections (c), (d), (e), and (f) to read as
follows:
(c) The application must also include the name and address,
if known, of a performer who may appear at the mass gathering and
has not yet agreed to appear as of the date of the filing of the
application.
(d) A county judge may not require a promoter to provide a
copy of the agreement or contract described by Subsection (b)(9).
(e) With the application required by this section, the
promoter must submit a letter or permit:
(1) from the county health authority stating that,
based on the information in the application, the health authority
believes that the minimum standards of health and sanitation
prescribed by state and local laws, rules, and orders will be
maintained;
(2) from the county fire marshal stating that, based
on the information in the application, the fire marshal believes
that the minimum standards for ensuring public fire safety and
order as prescribed by state and local laws, rules, and orders will
be maintained; and
(3) from the sheriff stating that, based on the
information in the application, the sheriff believes that the
minimum standards for ensuring public safety and order that are
prescribed by state and local laws, rules, and orders will be
maintained.
(f) If there is no county fire marshal in the county, the
commissioners court shall designate a person to submit the
documentation required by Subsection (e)(2).
SECTION 3. Section 751.005, Health and Safety Code, is
amended to read as follows:
Sec. 751.005. INVESTIGATION. [(a) After a permit
application is filed with the county judge, the county judge shall
send a copy of the application to the county health authority, the
county fire marshal or the person designated under Subsection (c),
and the sheriff.
[(b) The county health authority shall inquire into
preparations for the mass gathering. At least five days before the
date on which the hearing prescribed by Section 751.006 is held, the
county health authority shall submit to the county judge a report
stating whether the health authority believes that the minimum
standards of health and sanitation prescribed by state and local
laws, rules, and orders will be maintained.
[(c) The county fire marshal shall investigate preparations
for the mass gathering. If there is no county fire marshal in that
county, the commissioners court shall designate a person to act
under this section. At least five days before the date on which the
hearing prescribed by Section 751.006 is held, the county fire
marshal or the commissioners court designee shall submit to the
county judge a report stating whether the fire marshal or designee
believes that the minimum standards for ensuring public fire safety
and order as prescribed by state and local laws, rules, and orders
will be maintained.
[(d) The sheriff shall investigate preparations for the mass
gathering. At least five days before the date on which the hearing
prescribed by Section 751.006 is held, the sheriff shall submit to
the county judge a report stating whether the sheriff believes that
the minimum standards for ensuring public safety and order that are
prescribed by state and local laws, rules, and orders will be
maintained.
[(e)] The county judge may conduct any additional
investigation that the judge considers necessary.
[(f) The county health authority, county fire marshal or
commissioners court designee, and sheriff shall be available at the
hearing prescribed by Section 751.006 to give testimony relating to
their reports.]
SECTION 4. Section 751.007, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
(a) Not later than the fifth day after the date the permit
application is received [After the completion of the hearing
prescribed by Section 751.006], the county judge shall enter a
ruling [his findings] in the record and shall either grant or deny
the permit. A permit is considered granted if the judge fails to
enter a ruling in the time required by this section.
(c) The county judge may not deny a permit under Subsection
(b)(5) if the promoter:
(1) has complied with Section 751.004(c); and
(2) agrees to file a comprehensive list of agreements
described by Sections 751.004(b)(8) and (9) not later than the
fifth day before the date the mass gathering will begin.
(d) If the county judge denies the permit, the county judge
shall state in the record the grounds for denying the permit.
SECTION 5. Chapter 751, Health and Safety Code, is amended
by adding Section 751.0075 to read as follows:
Sec. 751.0075. DENIAL OF PERMIT; HEARING. (a) If the county
judge denies the permit under Section 751.007, the promoter may
request a hearing before the county judge on the application not
later than the fifth day after the date the permit was denied. The
county judge shall set the date and time of the hearing.
(b) Notice of the time and place of the hearing shall be
given to the promoter and to each person who has an interest in
whether the permit is granted or denied.
(c) At the hearing, any person may appear and testify for or
against granting the permit.
(d) Not later than the fifth day after the date the hearing
is completed, the county judge shall either grant the permit or
affirm the denial of the permit.
SECTION 6. Section 751.008, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The county judge may revoke a permit issued under this
chapter only if the county judge finds that:
(1) preparations for the mass gathering will not be
completed by the time the mass gathering will begin;
(2) [or that] the permit was obtained by fraud or
misrepresentation; or
(3) the promoter has not complied with Section
751.007(c)(2), if applicable.
(c) If a performer scheduled to perform at the mass
gathering cancels the performance or does not perform, the county
judge may not revoke a permit issued under this chapter if the
promoter exercised good faith in representing that the performer
would appear at the mass gathering.
SECTION 7. Subchapter A, Chapter 215, Local Government
Code, is amended by adding Section 215.005 to read as follows:
Sec. 215.005. PERMITS FOR CERTAIN FACILITIES. (a) In this
section, "facility" means an auditorium, exhibition hall,
coliseum, amphitheater, or other similar structure used for public
gatherings.
(b) A municipality that requires the owner or property
manager of a facility located in the municipality to obtain a permit
for an event held at a facility may establish standards for granting
the permit, including standards relating to health and sanitation,
general safety, traffic control, and medical and nursing care.
(c) A permit that the owner or property manager is required
to obtain is valid for one year after the date the permit is
granted. The permit applies to all events that are similar to the
event for which the permit was originally granted, and the permit
holder is not required to repeat the permit application procedure
for each of those similar events held at the facility.
(d) A municipality may adopt rules for implementing this
section.
SECTION 8. Chapter 234, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. PERMITS FOR CERTAIN FACILITIES
Sec. 234.051. PERMIT. (a) In this section, "facility" means
an auditorium, exhibition hall, coliseum, amphitheater, or other
similar structure used for public gatherings.
(b) A county that requires the owner or property manager of
a facility located in the unincorporated area of the county to
obtain a permit for an event held at a facility may establish
standards for granting the permit, including standards relating to
health and sanitation, general safety, traffic control, and medical
and nursing care.
(c) A permit that the owner or property manager is required
to obtain is valid for one year after the date the permit is
granted. The permit applies to all events that are similar to the
event for which the permit was originally granted, and the permit
holder is not required to repeat the permit application procedure
for each of those similar events held at the facility.
(d) A county may adopt rules for implementing this
subchapter.
SECTION 9. Section 751.006, Health and Safety Code, is
repealed.
SECTION 10. The changes in law made by this Act apply only
to a permit for which an application is filed on or after the
effective date of this Act. A permit for which an application is
filed before the effective date of this Act is governed by the law
in effect when the permit was filed, and the former law is continued
in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2003.