By: Zaffirini S.B. No. 2158
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for a mass gathering or outdoor music
festival permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 751.004(b), Health and Safety Code, is
amended 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) a description of the preparations made to provide
for solid waste disposal and to control littering.
SECTION 2. Section 751.007(b), Health and Safety Code, is
amended to read as follows:
(b) The county judge may deny the permit if the judge [he]
finds that:
(1) the application contains false or misleading
information or omits required information;
(2) the promoter's financial backing is insufficient
to ensure that the mass gathering will be conducted in the manner
stated in the application;
(3) the location selected for the mass gathering is
inadequate for the purpose for which it will be used;
(4) the promoter has not made adequate preparations to
limit the number of persons attending the mass gathering or to
provide adequate supervision for minors attending the mass
gathering;
(5) the promoter does not have assurance that
scheduled performers will appear;
(6) the preparations for the mass gathering do not
ensure that minimum standards of sanitation and health will be
maintained;
(7) the preparations for the mass gathering do not
ensure that the mass gathering will be conducted in an orderly
manner and that the physical safety of persons attending will be
protected;
(8) adequate arrangements for traffic control have not
been provided; [or]
(9) adequate medical and nursing care will not be
available; or
(10) the preparations for solid waste disposal and
litter control are inadequate.
SECTION 3. Section 2104.101(b), Occupations Code, is
amended to read as follows:
(b) The application must include:
(1) the name and address of:
(A) the promoter; and
(B) each of the promoter's associates or
employees assisting in the promotion of the festival;
(2) a financial statement of the promoter and a
statement specifying the sources and amounts of capital being
supplied for the festival;
(3) a description of the festival location;
(4) the name and address of the owner of the festival
location;
(5) a statement describing the terms and conditions of
the agreement allowing the promoter to use the festival location;
(6) the dates and times of the festival;
(7) the maximum number of persons the promoter will
allow to attend the festival;
(8) a statement describing the promoter's plan to
control the number of persons attending the festival;
(9) a description of the agreement between the
promoter and each performer who is scheduled to appear at the
festival; [and]
(10) a complete statement describing the promoter's
festival preparations to comply with the minimum standards of
sanitation and health prescribed by Chapter 341, Health and Safety
Code; and
(11) a description of the preparations made to provide
for solid waste disposal and to control litter.
SECTION 4. Section 2104.104, Occupations Code, is amended
to read as follows:
Sec. 2104.104. DECISION ON PERMIT APPLICATION. The
commissioners court shall grant a permit application filed under
Section 2104.101 unless, by a majority vote, the court finds, from a
preponderance of the evidence presented at the hearing, that:
(1) the permit application contains false or
misleading information;
(2) required information is omitted from the
application;
(3) the promoter does not have sufficient financial
backing or stability to:
(A) carry out the preparations described in the
application; or
(B) ensure the faithful performance of the
promoter's agreements;
(4) the preparations described in the application are
insufficient to:
(A) protect the community or the persons
attending the outdoor music festival from health dangers; or
(B) avoid a violation of Chapter 341, Health and
Safety Code;
(5) the times of the festival and the festival
location create a substantial danger of congestion and disruption
of other lawful activities in the immediate vicinity of the
festival;
(6) the preparations described in the application are
insufficient to limit the number of persons attending the festival
to the maximum number stated in the application; [or]
(7) the promoter does not have adequate agreements
with performers to ensure with reasonable certainty that persons
advertised to perform at the festival will appear; or
(8) the preparations for solid waste disposal and
litter control are inadequate.
SECTION 5. The changes in law made by this Act apply only to
an application for a mass gathering permit or outdoor music
festival permit submitted on or after the effective date of this
Act. A permit application submitted before that date is governed by
the law in effect on the date the application was submitted, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.