Texas 2017 - 85th Regular

Texas Senate Bill SB2158 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Zaffirini S.B. No. 2158
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the requirements for a mass gathering or outdoor music
7	7	festival permit.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 751.004(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) The application must include:
12	12	(1) the promoter's name and address;
13	13	(2) a financial statement that reflects the funds
14	14	being supplied to finance the mass gathering and each person
15	15	supplying the funds;
16	16	(3) the name and address of the owner of the property
17	17	on which the mass gathering will be held;
18	18	(4) a certified copy of the agreement between the
19	19	promoter and the property owner;
20	20	(5) the location and a description of the property on
21	21	which the mass gathering will be held;
22	22	(6) the dates and times that the mass gathering will be
23	23	held;
24	24	(7) the maximum number of persons the promoter will
25	25	allow to attend the mass gathering and the plan the promoter intends
26	26	to use to limit attendance to that number;
27	27	(8) the name and address of each performer who has
28	28	agreed to appear at the mass gathering and the name and address of
29	29	each performer's agent;
30	30	(9) a description of each agreement between the
31	31	promoter and a performer;
32	32	(10) a description of each step the promoter has taken
33	33	to ensure that minimum standards of sanitation and health will be
34	34	maintained during the mass gathering;
35	35	(11) a description of all preparations being made to
36	36	provide traffic control, to ensure that the mass gathering will be
37	37	conducted in an orderly manner, and to protect the physical safety
38	38	of the persons who attend the mass gathering;
39	39	(12) a description of the preparations made to provide
40	40	adequate medical and nursing care; [and]
41	41	(13) a description of the preparations made to
42	42	supervise minors who may attend the mass gathering; and
43	43	(14) a description of the preparations made to provide
44	44	for solid waste disposal and to control littering.
45	45	SECTION 2. Section 751.007(b), Health and Safety Code, is
46	46	amended to read as follows:
47	47	(b) The county judge may deny the permit if the judge [he]
48	48	finds that:
49	49	(1) the application contains false or misleading
50	50	information or omits required information;
51	51	(2) the promoter's financial backing is insufficient
52	52	to ensure that the mass gathering will be conducted in the manner
53	53	stated in the application;
54	54	(3) the location selected for the mass gathering is
55	55	inadequate for the purpose for which it will be used;
56	56	(4) the promoter has not made adequate preparations to
57	57	limit the number of persons attending the mass gathering or to
58	58	provide adequate supervision for minors attending the mass
59	59	gathering;
60	60	(5) the promoter does not have assurance that
61	61	scheduled performers will appear;
62	62	(6) the preparations for the mass gathering do not
63	63	ensure that minimum standards of sanitation and health will be
64	64	maintained;
65	65	(7) the preparations for the mass gathering do not
66	66	ensure that the mass gathering will be conducted in an orderly
67	67	manner and that the physical safety of persons attending will be
68	68	protected;
69	69	(8) adequate arrangements for traffic control have not
70	70	been provided; [or]
71	71	(9) adequate medical and nursing care will not be
72	72	available; or
73	73	(10) the preparations for solid waste disposal and
74	74	litter control are inadequate.
75	75	SECTION 3. Section 2104.101(b), Occupations Code, is
76	76	amended to read as follows:
77	77	(b) The application must include:
78	78	(1) the name and address of:
79	79	(A) the promoter; and
80	80	(B) each of the promoter's associates or
81	81	employees assisting in the promotion of the festival;
82	82	(2) a financial statement of the promoter and a
83	83	statement specifying the sources and amounts of capital being
84	84	supplied for the festival;
85	85	(3) a description of the festival location;
86	86	(4) the name and address of the owner of the festival
87	87	location;
88	88	(5) a statement describing the terms and conditions of
89	89	the agreement allowing the promoter to use the festival location;
90	90	(6) the dates and times of the festival;
91	91	(7) the maximum number of persons the promoter will
92	92	allow to attend the festival;
93	93	(8) a statement describing the promoter's plan to
94	94	control the number of persons attending the festival;
95	95	(9) a description of the agreement between the
96	96	promoter and each performer who is scheduled to appear at the
97	97	festival; [and]
98	98	(10) a complete statement describing the promoter's
99	99	festival preparations to comply with the minimum standards of
100	100	sanitation and health prescribed by Chapter 341, Health and Safety
101	101	Code; and
102	102	(11) a description of the preparations made to provide
103	103	for solid waste disposal and to control litter.
104	104	SECTION 4. Section 2104.104, Occupations Code, is amended
105	105	to read as follows:
106	106	Sec. 2104.104. DECISION ON PERMIT APPLICATION. The
107	107	commissioners court shall grant a permit application filed under
108	108	Section 2104.101 unless, by a majority vote, the court finds, from a
109	109	preponderance of the evidence presented at the hearing, that:
110	110	(1) the permit application contains false or
111	111	misleading information;
112	112	(2) required information is omitted from the
113	113	application;
114	114	(3) the promoter does not have sufficient financial
115	115	backing or stability to:
116	116	(A) carry out the preparations described in the
117	117	application; or
118	118	(B) ensure the faithful performance of the
119	119	promoter's agreements;
120	120	(4) the preparations described in the application are
121	121	insufficient to:
122	122	(A) protect the community or the persons
123	123	attending the outdoor music festival from health dangers; or
124	124	(B) avoid a violation of Chapter 341, Health and
125	125	Safety Code;
126	126	(5) the times of the festival and the festival
127	127	location create a substantial danger of congestion and disruption
128	128	of other lawful activities in the immediate vicinity of the
129	129	festival;
130	130	(6) the preparations described in the application are
131	131	insufficient to limit the number of persons attending the festival
132	132	to the maximum number stated in the application; [or]
133	133	(7) the promoter does not have adequate agreements
134	134	with performers to ensure with reasonable certainty that persons
135	135	advertised to perform at the festival will appear; or
136	136	(8) the preparations for solid waste disposal and
137	137	litter control are inadequate.
138	138	SECTION 5. The changes in law made by this Act apply only to
139	139	an application for a mass gathering permit or outdoor music
140	140	festival permit submitted on or after the effective date of this
141	141	Act. A permit application submitted before that date is governed by
142	142	the law in effect on the date the application was submitted, and the
143	143	former law is continued in effect for that purpose.
144	144	SECTION 6. This Act takes effect immediately if it receives
145	145	a vote of two-thirds of all the members elected to each house, as
146	146	provided by Section 39, Article III, Texas Constitution. If this
147	147	Act does not receive the vote necessary for immediate effect, this
148	148	Act takes effect September 1, 2017.