Bill Text: TX HB3262 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to county or municipal regulation of mass gatherings and sports and community venue district duties regarding emergency services and fire suppression; authorizing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-09 - Committee report sent to Calendars [HB3262 Detail]

Download: Texas-2023-HB3262-Comm_Sub.html
  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.
feedback