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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for a mass gathering or outdoor music |
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festival permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 751.004(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The application must include: |
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(1) the promoter's name and address; |
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(2) a financial statement that reflects the funds |
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being supplied to finance the mass gathering and each person |
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supplying the funds; |
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(3) the name and address of the owner of the property |
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on which the mass gathering will be held; |
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(4) a certified copy of the agreement between the |
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promoter and the property owner; |
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(5) the location and a description of the property on |
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which the mass gathering will be held; |
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(6) the dates and times that the mass gathering will be |
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held; |
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(7) the maximum number of persons the promoter will |
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allow to attend the mass gathering and the plan the promoter intends |
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to use to limit attendance to that number; |
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(8) the name and address of each performer who has |
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agreed to appear at the mass gathering and the name and address of |
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each performer's agent; |
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(9) a description of each agreement between the |
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promoter and a performer; |
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(10) a description of each step the promoter has taken |
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to ensure that minimum standards of sanitation and health will be |
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maintained during the mass gathering; |
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(11) a description of all preparations being made to |
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provide traffic control, to ensure that the mass gathering will be |
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conducted in an orderly manner, and to protect the physical safety |
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of the persons who attend the mass gathering; |
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(12) a description of the preparations made to provide |
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adequate medical and nursing care; [and] |
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(13) a description of the preparations made to |
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supervise minors who may attend the mass gathering; and |
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(14) a description of the preparations made to provide |
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for solid waste disposal and to control littering. |
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SECTION 2. Section 751.007(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The county judge may deny the permit if the judge [he] |
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finds that: |
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(1) the application contains false or misleading |
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information or omits required information; |
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(2) the promoter's financial backing is insufficient |
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to ensure that the mass gathering will be conducted in the manner |
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stated in the application; |
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(3) the location selected for the mass gathering is |
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inadequate for the purpose for which it will be used; |
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(4) the promoter has not made adequate preparations to |
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limit the number of persons attending the mass gathering or to |
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provide adequate supervision for minors attending the mass |
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gathering; |
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(5) the promoter does not have assurance that |
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scheduled performers will appear; |
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(6) the preparations for the mass gathering do not |
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ensure that minimum standards of sanitation and health will be |
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maintained; |
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(7) the preparations for the mass gathering do not |
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ensure that the mass gathering will be conducted in an orderly |
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manner and that the physical safety of persons attending will be |
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protected; |
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(8) adequate arrangements for traffic control have not |
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been provided; [or] |
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(9) adequate medical and nursing care will not be |
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available; or |
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(10) the preparations for solid waste disposal and |
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litter control are inadequate. |
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SECTION 3. Section 2104.101(b), Occupations Code, is |
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amended to read as follows: |
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(b) The application must include: |
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(1) the name and address of: |
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(A) the promoter; and |
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(B) each of the promoter's associates or |
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employees assisting in the promotion of the festival; |
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(2) a financial statement of the promoter and a |
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statement specifying the sources and amounts of capital being |
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supplied for the festival; |
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(3) a description of the festival location; |
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(4) the name and address of the owner of the festival |
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location; |
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(5) a statement describing the terms and conditions of |
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the agreement allowing the promoter to use the festival location; |
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(6) the dates and times of the festival; |
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(7) the maximum number of persons the promoter will |
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allow to attend the festival; |
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(8) a statement describing the promoter's plan to |
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control the number of persons attending the festival; |
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(9) a description of the agreement between the |
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promoter and each performer who is scheduled to appear at the |
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festival; [and] |
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(10) a complete statement describing the promoter's |
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festival preparations to comply with the minimum standards of |
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sanitation and health prescribed by Chapter 341, Health and Safety |
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Code; and |
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(11) a description of the preparations made to provide |
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for solid waste disposal and to control litter. |
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SECTION 4. Section 2104.104, Occupations Code, is amended |
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to read as follows: |
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Sec. 2104.104. DECISION ON PERMIT APPLICATION. The |
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commissioners court shall grant a permit application filed under |
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Section 2104.101 unless, by a majority vote, the court finds, from a |
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preponderance of the evidence presented at the hearing, that: |
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(1) the permit application contains false or |
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misleading information; |
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(2) required information is omitted from the |
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application; |
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(3) the promoter does not have sufficient financial |
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backing or stability to: |
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(A) carry out the preparations described in the |
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application; or |
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(B) ensure the faithful performance of the |
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promoter's agreements; |
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(4) the preparations described in the application are |
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insufficient to: |
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(A) protect the community or the persons |
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attending the outdoor music festival from health dangers; or |
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(B) avoid a violation of Chapter 341, Health and |
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Safety Code; |
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(5) the times of the festival and the festival |
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location create a substantial danger of congestion and disruption |
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of other lawful activities in the immediate vicinity of the |
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festival; |
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(6) the preparations described in the application are |
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insufficient to limit the number of persons attending the festival |
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to the maximum number stated in the application; [or] |
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(7) the promoter does not have adequate agreements |
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with performers to ensure with reasonable certainty that persons |
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advertised to perform at the festival will appear; or |
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(8) the preparations for solid waste disposal and |
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litter control are inadequate. |
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SECTION 5. The changes in law made by this Act apply only to |
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an application for a mass gathering permit or outdoor music |
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festival permit submitted on or after the effective date of this |
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Act. A permit application submitted before that date is governed by |
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the law in effect on the date the application was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |