HEALTH & SAFETY CODE
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 751. MASS GATHERINGS
Sec.A751.001. SHORT TITLE.AAThis chapter may be cited as the
Texas Mass Gatherings Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec.A751.002. DEFINITIONS.AAIn this chapter:
(1)AA"Mass gathering" means a gathering:
(A)AAthat is held outside the limits of a
municipality;
(B)AAthat attracts or is expected to attract:
(i)AAmore than 2,500 persons; or
(ii)AAmore 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
(C)AAat which the persons will remain:
(i)AAfor more than five continuous hours; or
(ii)AAfor any amount of time during the
period beginning at 10 p.m. and ending at 4 a.m.
(2)AA"Person" means an individual, group of
individuals, firm, corporation, partnership, or association.
(3)AA"Promote" includes organize, manage, finance, or
hold.
(4)AA"Promoter" means a person who promotes a mass
gathering.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 553, Sec. 1, eff. June 18, 1999; Acts
2005, 79th Leg., ch. 692, Sec. 1, eff. June 17, 2005.
Sec.A751.003. PERMIT REQUIREMENT.AAA 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.A751.004. APPLICATION PROCEDURE.AA(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)AAThe application must include:
(1)AAthe promoter ’s name and address;
(2)AAa financial statement that reflects the funds
being supplied to finance the mass gathering and each person
supplying the funds;
(3)AAthe name and address of the owner of the property
on which the mass gathering will be held;
(4)AAa certified copy of the agreement between the
promoter and the property owner;
(5)AAthe location and a description of the property on
which the mass gathering will be held;
(6)AAthe dates and times that the mass gathering will be
held;
(7)AAthe 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)AAthe 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)AAa description of each agreement between the
promoter and a performer;
(10)AAa 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)AAa 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)AAa description of the preparations made to provide
adequate medical and nursing care; and
(13)AAa 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.A751.005. INVESTIGATION.AA(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, the county fire
marshal or the person designated under Subsection (c), and the
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sheriff.
(b)AAThe 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)AAThe county fire marshal shall investigate preparations
for the mass gathering. If there is no county fire marshal in that
county, the 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 commissioners court designee shall 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.
(d)AAThe 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.
(e)AAThe county judge may conduct any additional
investigation that the judge considers necessary.
(f)AAThe county health authority, county fire marshal or
commissioners court designee, 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. Amended
by Acts 1999, 76th Leg., ch. 553, Sec. 2, eff. June 18, 1999.
Sec.A751.0055. DELEGATION OF DUTIES OF COUNTY JUDGE.AA(a)
The county judge of a county may file an order with the
commissioners court of the county delegating to another county
officer the duty to hear applications for a permit under this
chapter. The order may provide for allowing the county officer to
revoke a permit under Section 751.008.
(b)AAAn order of a county officer acting under the delegated
authority of the county judge in regard to a permit has the same
effect as an order of the county judge.
(c)AADuring the period in which the order is in effect, the
county judge may withdraw the authority delegated in relation to an
application and the county judge may hear the application.
(d)AAThe county judge may at any time revoke an order
delegating duties under this section.
Added by Acts 2001, 77th Leg., ch. 1, Sec. 1, effective March 26,
2001.
Sec.A751.006. HEARING.AA(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)AANotice 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)AAAt 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.A751.007. FINDINGS AND DECISION OF COUNTY JUDGE.AA(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)AAThe county judge may deny the permit if he finds that:
(1)AAthe application contains false or misleading
information or omits required information;
(2)AAthe promoter ’s financial backing is insufficient
to ensure that the mass gathering will be conducted in the manner
stated in the application;
(3)AAthe location selected for the mass gathering is
inadequate for the purpose for which it will be used;
(4)AAthe 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;
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(5)AAthe promoter does not have assurance that
scheduled performers will appear;
(6)AAthe preparations for the mass gathering do not
ensure that minimum standards of sanitation and health will be
maintained;
(7)AAthe 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)AAadequate arrangements for traffic control have not
been provided; or
(9)AAadequate medical and nursing care will not be
available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec.A751.008. PERMIT REVOCATION.AA(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)AAThe 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.A751.009. APPEAL.AAA promoter or a person affected by the
granting, denying, or revoking of 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. Amended
by Acts 2001, 77th Leg., ch. 1, Sec. 2, eff. March 26, 2001.
Sec.A751.010. RULES.AA(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)AAAfter 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.A751.011. CRIMINAL PENALTY.AA(a) A person commits an
offense if the person violates Section 751.003.
(b)AAAn 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.
Sec.A751.012. INSPECTIONS.AA(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)AAThe county fire marshal 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)AAThe sheriff 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 determines a violation
of the minimum standards is occurring, the sheriff may order the
promoter of the mass gathering to correct the violation.
(d)AAA promoter who fails to comply with an order issued
under this section commits an offense. An offense under this
section is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 553, Sec. 3, eff. June 18, 1999.
Sec.A751.013. INSPECTION FEES.AA(a) A 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.
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(b)AAA commissioners court may use money collected under this
section to reimburse the county department or, if a state agency
performs the inspection on behalf of the county, the state agency,
the cost of performing the inspection.
Added by Acts 1999, 76th Leg., ch. 553, Sec. 3, eff. June 18, 1999.
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TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 751. MASS GATHERINGS
Sec.A751.001. SHORT TITLE.AAThis chapter may be cited as the
Texas Mass Gatherings Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec.A751.002. DEFINITIONS.AAIn this chapter:
(1)AA"Mass gathering" means a gathering:
(A)AAthat is held outside the limits of a
municipality;
(B)AAthat attracts or is expected to attract:
(i)AAmore than 2,500 persons; or
(ii)AAmore 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
(C)AAat which the persons will remain:
(i)AAfor more than five continuous hours; or
(ii)AAfor any amount of time during the
period beginning at 10 p.m. and ending at 4 a.m.
(2)AA"Person" means an individual, group of
individuals, firm, corporation, partnership, or association.
(3)AA"Promote" includes organize, manage, finance, or
hold.
(4)AA"Promoter" means a person who promotes a mass
gathering.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 553, Sec. 1, eff. June 18, 1999; Acts
2005, 79th Leg., ch. 692, Sec. 1, eff. June 17, 2005.
Sec.A751.003. PERMIT REQUIREMENT.AAA 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.A751.004. APPLICATION PROCEDURE.AA(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)AAThe application must include:
(1)AAthe promoter ’s name and address;
(2)AAa financial statement that reflects the funds
being supplied to finance the mass gathering and each person
supplying the funds;
(3)AAthe name and address of the owner of the property
on which the mass gathering will be held;
(4)AAa certified copy of the agreement between the
promoter and the property owner;
(5)AAthe location and a description of the property on
which the mass gathering will be held;
(6)AAthe dates and times that the mass gathering will be
held;
(7)AAthe 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)AAthe 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)AAa description of each agreement between the
promoter and a performer;
(10)AAa 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)AAa 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)AAa description of the preparations made to provide
adequate medical and nursing care; and
(13)AAa 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.A751.005. INVESTIGATION.AA(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, the county fire
marshal or the person designated under Subsection (c), and the
1
sheriff.
(b)AAThe 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)AAThe county fire marshal shall investigate preparations
for the mass gathering. If there is no county fire marshal in that
county, the 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 commissioners court designee shall 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.
(d)AAThe 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.
(e)AAThe county judge may conduct any additional
investigation that the judge considers necessary.
(f)AAThe county health authority, county fire marshal or
commissioners court designee, 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. Amended
by Acts 1999, 76th Leg., ch. 553, Sec. 2, eff. June 18, 1999.
Sec.A751.0055. DELEGATION OF DUTIES OF COUNTY JUDGE.AA(a)
The county judge of a county may file an order with the
commissioners court of the county delegating to another county
officer the duty to hear applications for a permit under this
chapter. The order may provide for allowing the county officer to
revoke a permit under Section 751.008.
(b)AAAn order of a county officer acting under the delegated
authority of the county judge in regard to a permit has the same
effect as an order of the county judge.
(c)AADuring the period in which the order is in effect, the
county judge may withdraw the authority delegated in relation to an
application and the county judge may hear the application.
(d)AAThe county judge may at any time revoke an order
delegating duties under this section.
Added by Acts 2001, 77th Leg., ch. 1, Sec. 1, effective March 26,
2001.
Sec.A751.006. HEARING.AA(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)AANotice 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)AAAt 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.A751.007. FINDINGS AND DECISION OF COUNTY JUDGE.AA(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)AAThe county judge may deny the permit if he finds that:
(1)AAthe application contains false or misleading
information or omits required information;
(2)AAthe promoter ’s financial backing is insufficient
to ensure that the mass gathering will be conducted in the manner
stated in the application;
(3)AAthe location selected for the mass gathering is
inadequate for the purpose for which it will be used;
(4)AAthe 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;
2
(5)AAthe promoter does not have assurance that
scheduled performers will appear;
(6)AAthe preparations for the mass gathering do not
ensure that minimum standards of sanitation and health will be
maintained;
(7)AAthe 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)AAadequate arrangements for traffic control have not
been provided; or
(9)AAadequate medical and nursing care will not be
available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec.A751.008. PERMIT REVOCATION.AA(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)AAThe 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.A751.009. APPEAL.AAA promoter or a person affected by the
granting, denying, or revoking of 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. Amended
by Acts 2001, 77th Leg., ch. 1, Sec. 2, eff. March 26, 2001.
Sec.A751.010. RULES.AA(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)AAAfter 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.A751.011. CRIMINAL PENALTY.AA(a) A person commits an
offense if the person violates Section 751.003.
(b)AAAn 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.
Sec.A751.012. INSPECTIONS.AA(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)AAThe county fire marshal 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)AAThe sheriff 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 determines a violation
of the minimum standards is occurring, the sheriff may order the
promoter of the mass gathering to correct the violation.
(d)AAA promoter who fails to comply with an order issued
under this section commits an offense. An offense under this
section is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 553, Sec. 3, eff. June 18, 1999.
Sec.A751.013. INSPECTION FEES.AA(a) A 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.
3
(b)AAA commissioners court may use money collected under this
section to reimburse the county department or, if a state agency
performs the inspection on behalf of the county, the state agency,
the cost of performing the inspection.
Added by Acts 1999, 76th Leg., ch. 553, Sec. 3, eff. June 18, 1999.
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