88R27925 LRM-F
By: Hunter H.B. No. 3262
Substitute the following for H.B. No. 3262:
By: Hernandez C.S.H.B. No. 3262
A BILL TO BE ENTITLED
AN ACT
relating to county or municipal regulation of mass gatherings and
sports and community venue district duties regarding emergency
services and fire suppression; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 751.002, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivisions (1-a)
and (1-b) to read as follows:
(1) "Health authority" means a physician appointed
under Chapter 121 or by the governing body of a municipality,
county, or public health district to administer state and local
laws relating to public health.
(1-a) "Mass gathering" means a gathering:
(A) [that is held outside the limits of a
municipality;
[(B)] that attracts or is expected to attract:
(i) more than 2,500 persons; or
(ii) more than 500 persons, if 51 percent or
more of those persons may reasonably be expected to be younger than
21 years of age and it is planned or may reasonably be expected that
alcoholic beverages will be sold, served, or consumed at or around
the gathering; and
(B) [(C)] at which the persons will remain:
(i) for more than five continuous hours; or
(ii) for any amount of time during the
period beginning at 10 p.m. and ending at 4 a.m.
(1-b) "Permitting authority" means:
(A) the county judge of the county in which a mass
gathering will be held at a location wholly or partly within the
unincorporated area of the county; or
(B) the governing body of the municipality in
which a mass gathering will be held at a location wholly within the
municipality.
SECTION 2. The heading to Section 751.0021, Health and
Safety Code, is amended to read as follows:
Sec. 751.0021. APPLICABILITY [TO CERTAIN HORSE AND
GREYHOUND RACES].
SECTION 3. Section 751.0021, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) This chapter does not apply to:
(1) a municipality that adopts and maintains
ordinances relating to mass gatherings with standards equal to or
more stringent than the standards prescribed by this chapter;
(2) a municipality that adopts and maintains an event
ordinance requiring an event promoter or sponsor to obtain a
municipal permit and submit an emergency service and fire safety
plan before holding a mass gathering; and
(3) a facility that obtains a certificate of occupancy
or other permit issued by a municipality or county authorizing an
anticipated number of attendees for an event at the facility.
SECTION 4. Section 751.004(a), Health and Safety Code, is
amended to read as follows:
(a) At least 45 days before the date on which a mass
gathering will be held, the promoter shall file a permit
application with the permitting authority [county judge of the
county in which the mass gathering will be held].
SECTION 5. 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 permitting authority, the permitting
authority [county judge, the county judge] shall send a copy of the
application to the following:
(1) the county or municipal health authority, as
applicable;
(2) the county or municipal fire marshal, as
applicable, or the person designated under Subsection (c);
(3) [, and] the sheriff of a county within which a mass
gathering will be wholly or partly located in the unincorporated
area of the county; and
(4) the municipal police chief of a municipality
within which the mass gathering will be wholly located.
(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 permitting authority
[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 or municipal fire marshal, as applicable,
shall investigate preparations for the mass gathering. If there is
no county fire marshal in that county, the permitting authority
[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 permitting authority's [commissioners court] designee shall
submit to the permitting authority [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 or municipal police chief, as applicable,
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 or police chief shall submit to the
permitting authority [county judge] a report stating whether the
sheriff or police chief 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 permitting authority [county judge] may conduct any
additional investigation that the permitting authority [judge]
considers necessary.
(f) The [county] health authority, county or municipal fire
marshal or permitting authority's [commissioners court] designee,
and sheriff or municipal police chief shall be available at the
hearing prescribed by Section 751.006 to give testimony relating to
their reports.
SECTION 6. Section 751.006(a), Health and Safety Code, is
amended to read as follows:
(a) Not later than the 10th day before the date on which a
mass gathering will begin, the permitting authority [county judge]
shall hold a hearing on the application. The permitting authority
[county judge] shall set the date and time of the hearing.
SECTION 7. Sections 751.007 and 751.008, Health and Safety
Code, are amended to read as follows:
Sec. 751.007. FINDINGS AND DECISION OF PERMITTING AUTHORITY
[COUNTY JUDGE]. (a) After the completion of the hearing prescribed
by Section 751.006, the permitting authority [county judge] shall
enter the permitting authority's [his] findings in the record and
shall either grant or deny the permit.
(b) The permitting authority [county judge] may deny the
permit if the permitting authority [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.
Sec. 751.008. PERMIT REVOCATION. (a) The permitting
authority [county judge] may revoke a permit issued under this
chapter if the permitting authority [county judge] finds 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 permitting authority [county judge] must give
notice to the promoter that the permit will be revoked at least 24
hours before the revocation. If requested by the promoter, the
permitting authority [county judge] shall hold a hearing on the
revocation.
SECTION 8. Sections 751.012(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) The [county] health authority may inspect a mass
gathering during the mass gathering to ensure that the minimum
standards of health and sanitation prescribed by state and local
laws, rules, and orders are being maintained. If the [county]
health authority determines a violation of the minimum standards is
occurring, the health authority may order the promoter of the mass
gathering to correct the violation.
(b) The county or municipal fire marshal, as applicable, or
the person designated under Section 751.005(c) may inspect a mass
gathering during the mass gathering to ensure that the minimum
standards for ensuring public fire safety and order as prescribed
by state and local laws, rules, and orders are being maintained. If
the marshal or [commissioners court] designee determines a
violation of the minimum standards is occurring, the marshal or
designee may order the promoter of the mass gathering to correct the
violation.
(c) The sheriff or municipal police chief, as applicable,
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 or police chief determines a violation
of the minimum standards is occurring, the sheriff or police chief
may order the promoter of the mass gathering to correct the
violation.
SECTION 9. Section 751.013, Health and Safety Code, is
amended to read as follows:
Sec. 751.013. INSPECTION FEES. (a) A permitting authority
[commissioners court] may establish and collect a fee for an
inspection performed under Section 751.012. The fee may not exceed
the amount necessary to defray the costs of performing the
inspections. The fee shall be deposited into the general fund of
the county or municipality, as applicable.
(b) A permitting authority [commissioners court] may use
money collected under this section to reimburse the county or
municipality, as applicable [department] or, if a state agency
performs the inspection on behalf of the permitting authority
[county], the state agency, for the cost of performing the
inspection.
SECTION 10. The heading to Section 335.071, Local
Government Code, is amended to read as follows:
Sec. 335.071. GENERAL POWERS AND DUTIES OF DISTRICT.
SECTION 11. Section 335.071, Local Government Code, is
amended by adding Subsection (i) to read as follows:
(i) A district shall contract with appropriate fire and
emergency medical services departments for the municipality or the
emergency services district in which the venue is located for all
goods and services related to fire suppression and emergency
medical care.
SECTION 12. Chapter 751, Health and Safety Code, as amended
by this Act, applies only to a mass gathering occurring on or after
March 1, 2024. A mass gathering occurring before March 1, 2024, is
governed by the law in effect immediately before the effective date
of this Act.
SECTION 13. The changes in law made by this Act to Chapter
751, Health and Safety Code, do not apply to a mass gathering on
property that is subject to an interlocal agreement entered into
before the effective date of this Act between a municipality and
county, provided the agreement addresses the occurrence of specific
events and requires a medical plan, security plan, and license
agreement.
SECTION 14. This Act takes effect September 1, 2023.