Health and Safety Code
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 751. MASS GATHERINGS
Sec. 751.001. Short Title.
This chapter may be cited as the Texas Mass Gatherings Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.002. Definitions.
In this chapter:
(1) "Mass gathering" means a gathering that is held outside
the limits of a municipality and that attracts or is expected
to attract more than 5,000 persons who will remain at the
meeting location for more than 12 continuous hours.
(2) "Person" means an individual, group of individuals,
firm, corporation, partnership, or association.
(3) "Promote" includes organize, manage, finance, or hold.
(4) "Promoter" means a person who promotes a mass gathering.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.003. Permit Requirement.
A person may not promote a mass gathering without a permit
issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.004. Application Procedure.
(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 county judge of the county in which the mass gathering will
be held.
(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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.005. Investigation.
(a) After a permit application is filed with the county judge,
the county judge shall send a copy of the application to the
county health authority and the sheriff.
(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 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 sheriff 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 shall
submit to the county judge a report stating whether the sheriff
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.
(d) The county judge may conduct any additional investigation
that the judge considers necessary.
(e) The county health authority and sheriff shall be available
at the hearing prescribed by Section 751.006 to give testimony
relating to their reports.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.006. Hearing.
(a) Not later than the 10th day before the date on which a mass
gathering will begin, the county judge shall hold a hearing on
the application. The county judge shall set the date and time of
the hearing.
(b) Notice of the time and place of the hearing shall be given
to the promoter and to each person who has an interest in whether
the permit is granted or denied.
(c) At the hearing, any person may appear and testify for or
against granting the permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.007. Findings and Decision of County Judge.
(a) After the completion of the hearing prescribed by Section
751.006, the county judge shall enter his findings in the record
and shall either grant or deny the permit.
(b) The county judge may deny the permit if 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.008. Permit Revocation.
(a) The county judge may revoke a permit issued under this
chapter if the 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 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 county judge shall hold a
hearing on the revocation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.009. Appeal.
A promoter or a person affected by the action of a county judge
in granting, denying, or revoking a permit may appeal that action
to a district court having jurisdiction in the county in which
the mass gathering will be held.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.010. Rules.
(a) After notice and a public hearing, the Texas Board of
Health shall adopt rules relating to minimum standards of health
and sanitation to be maintained at mass gatherings.
(b) After notice and a public hearing, the Department of Public
Safety shall adopt rules relating to minimum standards that must
be maintained at a mass gathering to protect public safety and
maintain order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 751.011. Criminal Penalty.
(a) A person commits an offense if the person violates Section
751.003.
(b) An offense under this section is a misdemeanor punishable
by a fine of not more than $1,000, confinement in the county jail
for not more than 90 days, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989