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78R7233 AKH-D
By: Wohlgemuth H.B. No. 2291
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of mass gatherings; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 751.002(1) and (3), Health and Safety
Code, are amended to read as follows:
(1) "Mass gathering" means a gathering that is held
outside the limits of a municipality and that attracts or is
expected to attract more than 2,500 [5,000] persons who will remain
at the meeting location for more than five continuous hours.
(3) "Promote" includes [organize,] manage, finance,
advertise, [or] hold , or knowingly furnish real property to serve
as the meeting location for a mass gathering.
SECTION 2. Chapter 751, Health and Safety Code, is amended
by adding Section 751.0025 to read as follows:
Sec. 751.0025. LOCATION OF MEETING. An owner of the real
property serving as the location of a mass gathering is presumed to
have knowledge of whether the application for a permit to hold a
mass gathering has been granted under this chapter.
SECTION 3. Section 751.004(a), Health and Safety Code, is
amended to read as follows:
(a) At least 90 [45] days before the date on which a mass
gathering will be held, the promoter shall file a permit
application with the county judge of the county in which the mass
gathering will be held.
SECTION 4. Section 751.005, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), and (d) and adding
Subsections (g) and (h) to read as follows:
(a) Not later than the 10th day after the date on which
[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 written
report containing findings about whether the promoter's
preparations are sufficient to meet [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 written report containing findings about whether the
promoter's preparations are sufficient to meet [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 written report containing findings about whether
the promoter's preparations are sufficient to meet [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].
(g) The county judge shall provide to the promoter a copy of
the reports filed under Subsections (b), (c), and (d). The judge may
send the copies by fax or by certified mail with return receipt
requested or personal delivery to the address provided in the
application.
(h) The county judge may, on the county judge's own motion
or the motion of the promoter, the county attorney, district
attorney, or attorney general, issue a subpoena for a witness to
appear so the county judge may conduct additional investigation as
provided under Subsection (e). A subpoena issued under this
subsection must comply with the requirements applicable to
subpoenas in civil cases under the Texas Rules of Civil Procedure,
as applicable. The limitations under Rule 176.3 do not apply to any
person appearing at the mass gathering or providing concessions,
entertainment, or services at the mass gathering.
SECTION 5. Section 751.0055, Health and Safety Code, is
amended to read as follows:
Sec. 751.0055. DELEGATION OF DUTIES OF COUNTY JUDGE. (a)
The county judge of a county may file an order with the
commissioners court of the county delegating to another county
officer or department head the duty to hear applications for a
permit under this chapter. The order may provide for allowing the
county officer or department head to revoke a permit under Section
751.008 if a promoter fails to meet a requirement under this chapter
or rule adopted under this chapter.
(b) An order of a county officer or department head acting
under the delegated authority of the county judge in regard to a
permit has the same effect as an order of the county judge.
[(c) During the period in which the order is in effect, the
county judge may withdraw the authority delegated in relation to an
application and the county judge may hear the application.
[(d) The county judge may at any time revoke an order
delegating duties under this section.]
SECTION 6. Section 751.006, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) On or after the 30th day but on or before [Not later
than] the 45th [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. The county judge shall set
the date and time of the hearing.
(b) Before the 10th day before the date of the hearing,
notice [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. Notice is sufficient if sent by
certified mail with return receipt requested or in accordance with
the requirements for giving notice to a party in a suit under the
Texas Rules of Civil Procedure before the 10th day before the date
of the hearing.
(d) On motion of the county judge or any party, the county
judge may order the promoter to appear at the hearing and testify to
matters relating to the permit application.
SECTION 7. Section 751.007(a), Health and Safety Code, is
amended to read as follows:
(a) Not later than the seventh day after [After] the
completion of the hearing prescribed by Section 751.006, the county
judge shall enter 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 on the record in the time required by this
section.
SECTION 8. Section 751.008, Health and Safety Code, is
amended to read as follows:
Sec. 751.008. PERMIT REVOCATION. (a) The county judge may
revoke a permit issued under this chapter if the county judge finds
by a preponderance of the evidence that preparations for the mass
gathering will not be completed by the time the mass gathering will
begin or that the permit was obtained by fraud or
misrepresentation.
(b) The county judge must give notice to the promoter that
the permit will be revoked at least 24 hours before the revocation.
If timely requested by the promoter, the county judge shall hold a
hearing on the revocation.
(c) A hearing under this section must be held not later than
72 hours before the scheduled time of the mass gathering.
(d) The county judge shall issue a decision under this
section not later than 48 hours before the scheduled time of the
mass gathering.
(e) A county judge may hold more than one revocation hearing
under this section.
(f) A revocation of a permit under this section or the
failure to revoke a permit does not preclude a civil or criminal
action against a promoter.
SECTION 9. Section 751.009, Health and Safety Code, is
amended to read as follows:
Sec. 751.009. APPEAL AND REMOVAL. (a) A promoter or a
person affected by the granting, denying, or revoking of a permit
may appeal that action to a state district court having
jurisdiction in the county in which the mass gathering will be held.
(b) An appeal under this section is to be reviewed under an
abuse of discretion standard by the district court.
(c) Not later than the fifth day before the date on which a
hearing under Section 751.006 is scheduled, a promoter, county
attorney, district attorney, or the attorney general may request
removal of the case to a district court described by Subsection (a)
for the district court to hold the hearing and either grant or deny
the permit. On receipt of a request for removal under this section,
the county judge shall remove the case to district court.
(d) The district court has exclusive jurisdiction to grant,
deny, or revoke a permit under this chapter in a case removed from a
county judge's court under this section.
(e) In a case removed to a district court under this
section, a party may appeal the district court's decision to grant
or deny the permit to the court of appeals having jurisdiction in
the district in which the mass gathering will be held.
SECTION 10. Section 751.011, Health and Safety Code, is
amended to read as follows:
Sec. 751.011. PENALTIES [CRIMINAL PENALTY]. (a) A person
commits an offense if the person violates Section 751.003.
(b) Except as otherwise provided by this section, an [An]
offense of promoting a mass gathering in violation of Section
751.003 is a Class B misdemeanor [under this section is a
misdemeanor punishable by a fine of not more than $1,000,
confinement in the county jail for not more than 90 days, or both].
(c) Except as provided by Subsection (d), an offense of
holding a mass gathering in violation of Section 751.003 is a Class
A misdemeanor.
(d) An offense of holding a mass gathering in violation of
Section 751.003 where an injury occurs causing serious bodily harm
or death is a felony of the third degree.
(e) A person who violates this chapter or an order or rule
adopted under this chapter in connection with a mass gathering or a
proposed mass gathering is liable for a civil penalty to the
political subdivision in which the mass gathering is held or
proposed to be held and that initially brings the suit to collect
the penalty. The amount of the penalty is an amount, as justice
requires, of not less than $1,000 or more than $25,000 for each day
of the violation. An attorney representing the political
subdivision may sue to collect the penalty. The penalty:
(1) is in addition to any other applicable criminal or
civil penalty; and
(2) may be assessed on one or more persons.
SECTION 11. Sections 751.012(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) The sheriff, attorney general, local prosecuting
attorney, Department of Public Safety, or the federal Drug
Enforcement Agency may inspect a mass gathering during the mass
gathering to ensure that the minimum standards for ensuring public
safety and order prescribed by state and local laws, rules, and
orders are being maintained. If the sheriff determines a violation
of the minimum standards is occurring, the sheriff may order the
promoter of the mass gathering to correct the violation.
(d) A promoter who fails to comply with an order issued
under this section commits an offense. An offense under this
section is a Class A [C] misdemeanor.
SECTION 12. Chapter 751, Health and Safety Code, is amended
by adding Sections 751.014, 751.015, and 751.016 to read as
follows:
Sec. 751.014. VIOLATION OF CERTAIN REMEDIAL ORDERS. (a) A
promoter commits an offense if the promoter violates an order by a
county judge or district judge to take a remedial action relating to
the mass gathering.
(b) An offense under this section is a felony of the third
degree.
Sec. 751.015. INJUNCTION. (a) A district court in the
county in which a mass gathering is scheduled to be held may issue a
permanent injunction or temporary restraining order to restrain the
mass gathering from being held if the court finds that the promoter:
(1) has failed to comply with an order of the county
judge or district judge; or
(2) has violated a provision in this chapter or a rule
adopted under this chapter.
(b) The attorney general, district attorney, or county
attorney may institute and conduct a suit authorized by this
section.
(c) On further hearing, a district court may change a
temporary restraining order to a permanent injunction.
(d) Venue for a suit brought under this section is in:
(1) the county in which the mass gathering is
scheduled to be held;
(2) the county in which the mass gathering is being
promoted; or
(3) Travis County.
Sec. 751.016. RECORD UNDER PENAL CODE. An application for a
permit under this chapter is:
(1) a record, for purposes of Section 37.09, Penal
Code; and
(2) a governmental record, for purposes of Section
37.10, Penal Code.
SECTION 13. The change in law made by this Act applies only
to an offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before September 1, 2003, if any element of the
offense occurred before that date.
SECTION 14. This Act takes effect September 1, 2003.