HBA-NLM C.S.S.B. 339 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 339 By: Madla County Affairs 5/13/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas Mass Gathering Act (Act) requires a promoter who holds a gathering, which is expected to attract more than 5,000 persons who will remain at the gathering for more than 12 continuous hours, in an unincorporated area of a county to file a permit application with the county judge in the county in which the gathering will be held. The county judge must send a copy of the application for the gathering to the county health authority and the sheriff. The county health authority and the sheriff are required to investigate the preparations for the gathering to determine whether they believe the minimum standards for public safety, health, and sanitation as prescribed by state and local laws will be maintained. However, the Act does not require the county fire marshal to conduct fire safety and prevention investigations of the preparations for a gathering. Moreover, the Act does not provide for the inspection of a gathering by any county authority during the event. C.S.S.B. 339 requires the county fire marshal, or a person designated by the commissioners court, if there is no fire marshal, to investigate preparations for the mass gathering. The fire marshal or the designee is required to submit to the county judge a report stating whether the 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. Under this bill, the county health authority, the county fire marshal or commissioners court designee, and the sheriff are authorized to inspect a gathering during the gathering to ensure that minimum standards are being maintained. These parties have the authority, if they determine that a violation of the minimum standards is occurring, to order the promoter of the gathering to correct the violation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 751.002(1), Health and Safety Code, to redefine "mass gathering" by reducing from 12 to five the number of continuous hours that 5,000 people must remain at the meeting location. SECTION 2. Amends Section 751.005, Health and Safety Code, as follows: Sec. 751.005. INVESTIGATION. (a) Includes the county fire marshal or a person designated by the county commissioners court among the persons to whom the county judge is required to send a copy of an application for a permit to promote a mass gathering. (b) Makes no change. (c) Adds this subsection to require the county fire marshal to investigate preparations for the mass gathering (gathering). Requires the commissioners court, if there is no county fire marshal in that county, to designate a person to act under this section. Requires the county fire marshal or the commissioners court designee (designee) to submit to the 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, at least five days before the hearing prescribed by Section 751.006 (Hearing) is held. (d) Redesignated from existing Subsection (c). (e) Redesignated from existing Subsection (d). (f) Includes the county fire marshal or the designee among the persons who are required to be available at the Section 751.006 hearing. SECTION 3. Amends Chapter 751, Health and Safety Code, by adding Sections 751.012 and 751.013, as follows: Sec. 751.012. INSPECTIONS. (a) Authorizes the county health authority to inspect a gathering during the gathering to ensure that the minimum standards of health and sanitation prescribed by state and local laws, rules, and orders are being maintained. Authorizes the health authority, if it determines that a violation of the minimum standards is occurring, to order the promoter of the gathering to correct the violation. (b) Authorizes the county fire marshal or the designee to inspect a gathering during the gathering to ensure that the minimum standards for ensuring public fire safety and order are being maintained. Authorizes the marshal or designee, if the marshal or designee determines that a violation of the minimum standards is occurring, to order the promoter of the gathering to correct the violation. (c) Authorizes the sheriff to inspect a 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. Authorizes the sheriff, if the sheriff determines that a violation of the minimum standards is occurring, to order the promoter of the mass gathering to correct the violation. (d) Creates an offense punishable as a Class C misdemeanor for a promoter who fails to comply with an order issued under this section. Sec. 751.013. INSPECTION FEES. Authorizes a commissioners court to establish and collect a fee for an inspection performed under Section 751.012. Prohibits the fee from exceeding the amount necessary to defray the costs of performing the inspections. Requires the fee to be deposited into the general fund of the county. Authorizes the commissioners court to use money collected under this section to reimburse the county department or a state agency, if the state agency performs the inspection on behalf of the county, for the cost of performing the inspection. SECTION 4.Makes application of this Act prospective. SECTION 5.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 339 modifies the original in SECTION 3 by adding Section 751.013 (Inspection Fees), Health and Safety Code. This added section authorizes a commissioners court to establish and collect a fee for an inspection performed under Section 751.012. This section prohibits the fee from exceeding the amount necessary to defray the costs of performing the inspections. This section also requires the fee to be deposited into the general fund of the county. In addition, this section authorizes the commissioners court to use money collected under this section to reimburse the county department or a state agency, if the state agency performs the inspection on behalf of the county, for the cost of performing the inspection.