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RegulationGrade regulatory unverified

Texas Mass Gatherings Act — Tex. Health & Safety Code ch. 751 and 25 TAC §§ 265.1–265.3[1]

Summary

Texas retains a 1971-era mass gathering act, codified in 1989 and since amended. A "mass gathering" is a gathering outside a municipality's limits attracting or expected to attract more than 2,500 persons, or more than 500 persons if 51 percent or more are under 21 and alcohol will be served, that continues more than five continuous hours or is held partly between 10 p.m. and 4 a.m. A person may not promote a mass gathering without a permit issued by the county judge; the application is due at least 45 days before the event and must describe the preparations made to provide adequate medical and nursing care; the judge may deny the permit where such care will not be available. The quantitative floor lives in the Department of State Health Services' 1976 rules: at least one emergency aid station for each 10,000 persons or fraction thereof, staffed by at least two persons with a minimum of first-aid training, plus a medical evacuation plan listing available physicians, an ambulance and a nearby hospital.

So what

Texas mandates only a first-aid-level floor — one aid station per 10,000 with two first-aid-trained staff and a physician, ambulance and hospital call list — with no on-site physician or nurse requirement in the rules. Real staffing expectations are set county by county at the permit hearing, because the county judge's discretionary finding that "adequate medical and nursing care" will be available is what actually gates the permit. Note the jurisdictional limit: the Act does not reach events inside city limits, where municipal ordinances govern instead.

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