By: Zaffirini S.B. No. 2158               A BILL TO BE ENTITLED   AN ACT   relating to the requirements for a mass gathering or outdoor music   festival permit.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 751.004(b), Health and Safety Code, is   amended to read as follows:          (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; and                (14)  a description of the preparations made to provide   for solid waste disposal and to control littering.          SECTION 2.  Section 751.007(b), Health and Safety Code, is   amended to read as follows:          (b)  The county judge may deny the permit if the judge [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; or                (10)  the preparations for solid waste disposal and   litter control are inadequate.          SECTION 3.  Section 2104.101(b), Occupations Code, is   amended to read as follows:          (b)  The application must include:                (1)  the name and address of:                      (A)  the promoter; and                      (B)  each of the promoter's associates or   employees assisting in the promotion of the festival;                (2)  a financial statement of the promoter and a   statement specifying the sources and amounts of capital being   supplied for the festival;                (3)  a description of the festival location;                (4)  the name and address of the owner of the festival   location;                (5)  a statement describing the terms and conditions of   the agreement allowing the promoter to use the festival location;                (6)  the dates and times of the festival;                (7)  the maximum number of persons the promoter will   allow to attend the festival;                (8)  a statement describing the promoter's plan to   control the number of persons attending the festival;                (9)  a description of the agreement between the   promoter and each performer who is scheduled to appear at the   festival; [and]                (10)  a complete statement describing the promoter's   festival preparations to comply with the minimum standards of   sanitation and health prescribed by Chapter 341, Health and Safety   Code; and                (11)  a description of the preparations made to provide   for solid waste disposal and to control litter.          SECTION 4.  Section 2104.104, Occupations Code, is amended   to read as follows:          Sec. 2104.104.  DECISION ON PERMIT APPLICATION.  The   commissioners court shall grant a permit application filed under   Section 2104.101 unless, by a majority vote, the court finds, from a   preponderance of the evidence presented at the hearing, that:                (1)  the permit application contains false or   misleading information;                (2)  required information is omitted from the   application;                (3)  the promoter does not have sufficient financial   backing or stability to:                      (A)  carry out the preparations described in the   application; or                      (B)  ensure the faithful performance of the   promoter's agreements;                (4)  the preparations described in the application are   insufficient to:                      (A)  protect the community or the persons   attending the outdoor music festival from health dangers; or                      (B)  avoid a violation of Chapter 341, Health and   Safety Code;                (5)  the times of the festival and the festival   location create a substantial danger of congestion and disruption   of other lawful activities in the immediate vicinity of the   festival;                (6)  the preparations described in the application are   insufficient to limit the number of persons attending the festival   to the maximum number stated in the application; [or]                (7)  the promoter does not have adequate agreements   with performers to ensure with reasonable certainty that persons   advertised to perform at the festival will appear; or                (8)  the preparations for solid waste disposal and   litter control are inadequate.          SECTION 5.  The changes in law made by this Act apply only to   an application for a mass gathering permit or outdoor music   festival permit submitted on or after the effective date of this   Act.  A permit application submitted before that date is governed by   the law in effect on the date the application was submitted, and the   former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.