Can a Texas county judge issue one mass gathering permit for several events?

TX AG Opinion GA-0582: Can a county judge issue one mass gathering permit for multiple events?

Plain-English summary

Chapter 751 of the Health and Safety Code (the Act) regulates big outdoor events held outside a city's limits. An event is a "mass gathering" if it attracts more than 2,500 people, or more than 500 people when most of them are likely under 21 and alcohol will be sold, served, or consumed, and the attendees will stay for more than five continuous hours or any time between 10 p.m. and 4 a.m. No one may promote a mass gathering without a permit. The Comal County Criminal District Attorney asked the Attorney General whether a county judge can issue one permit to cover a series of similar events, or whether each event needs its own permit.

The Attorney General concluded that a county judge may not issue a single permit for multiple events. The Act's text points repeatedly to a single event. A promoter must file a detailed application at least 45 days before the date the mass gathering will be held, with the county judge of the county where it will be held. The county health authority, fire marshal, and sheriff are directed to investigate the preparations for "the mass gathering." Throughout, the Act uses the singular articles "a" and "the" to modify "mass gathering."

The Act's purpose reinforces that reading. The county judge may deny a permit for reasons tied to a specific event: the promoter's financial backing, crowd-size and minor-supervision preparations, sanitation and health standards, and whether the event will be orderly and safe. Those judgments are best made event by event, on current circumstances. Nothing in chapter 751 authorizes a single permit for multiple events, and it would not be reasonable to infer such authority. While a general rule of construction says the singular includes the plural, the Act's overall context and the rules of grammar and common usage overcome that rule here. So each mass gathering requires its own permit.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Chapter 751 of the Health and Safety Code and the Government Code construction provisions cited here may have changed since 2007. Confirm the current statutes before relying on this analysis.

Who this opinion affected (as of 2007)

County judges: The opinion told them they could not issue a single mass gathering permit to cover multiple events; each event required its own application and permit under chapter 751.

Event promoters: The opinion meant that running a series of qualifying events required a separate permit for each, with a separate application filed at least 45 days before each event date.

County health authorities, fire marshals, and sheriffs: The opinion confirmed that their statutory duty to investigate preparations applied to each specific mass gathering, consistent with the event-by-event review the Act contemplates.

Common questions

Can a promoter get one permit for a whole concert series or recurring event?
No. The opinion held that a county judge may not issue a single permit for multiple events. Each mass gathering needs its own permit.

Why did the singular language in the statute matter so much?
The Act consistently refers to "a" and "the" mass gathering, requires an application tied to "the date on which a mass gathering will be held," and directs officials to investigate the preparations for that gathering. Read in context, this showed the Legislature intended one permit per event.

Doesn't the rule that 'the singular includes the plural' allow one permit for several events?
The opinion acknowledged that general rule but found it was overcome here by the Act's overall context and the rules of grammar and common usage, which point to a separate permit for each gathering.

Background and statutory framework

Chapter 751 of the Health and Safety Code defines a mass gathering by location (outside a municipality), expected attendance (more than 2,500, or more than 500 with the under-21/alcohol condition), and duration (more than five continuous hours or any time between 10 p.m. and 4 a.m.) (Tex. Health & Safety Code Ann. § 751.002(1)). A person may not promote a mass gathering without a permit (§ 751.003). A promoter must file an application at least 45 days before the date the gathering will be held, with the county judge of the county where it will be held (§ 751.004(a)), and the county health authority, fire marshal, and sheriff investigate the preparations for the gathering (§ 751.005(a)-(d)). The county judge may deny a permit on event-specific grounds including insufficient financial backing, inadequate crowd-control or minor-supervision preparations, and failure to ensure sanitation, health, order, and physical safety (§ 751.007(b)(2), (3), (4), (6)-(7)), and county officials may inspect a mass gathering while it is occurring (§ 751.012).

The opinion applied the rule that a statute's plain and unambiguous language controls (City of Houston v. Jackson, 192 S.W.3d 764, 770 (Tex. 2006)), read words in context and per the rules of grammar and common usage (Tex. Gov't Code Ann. § 311.011(b)), and presumed the entire statute is intended to be effective (§ 311.021(2)). It concluded that the general singular-includes-plural rule (§ 311.012(b)) is overcome by the Act's context, so a county judge may not issue a single permit for multiple events.

Citations

Statutes:

• Tex. Health & Safety Code Ann. § 751.002(1) (Vernon Supp. 2007)
• Tex. Health & Safety Code Ann. § 751.003 (Vernon 2003)
• Tex. Health & Safety Code Ann. § 751.004(a) (Vernon 2003)
• Tex. Health & Safety Code Ann. § 751.005(a)-(d) (Vernon 2003)
• Tex. Health & Safety Code Ann. § 751.007(b)(2), (3), (4), (6)-(7) (Vernon 2003)
• Tex. Health & Safety Code Ann. § 751.012 (Vernon 2003)
• Tex. Gov't Code Ann. § 311.011(b) (Vernon 2005)
• Tex. Gov't Code Ann. § 311.021(2) (Vernon 2005)
• Tex. Gov't Code Ann. § 311.012(b) (Vernon 2005)

Cases:

• City of Houston v. Jackson, 192 S.W.3d 764, 770 (Tex. 2006)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0582
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2007/ga0582.pdf

Original opinion text

Best-effort transcription from the official PDF. Minor extraction artifacts may remain - the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT

November 27, 2007

The Honorable Geoffrey I. Barr
Comal County Criminal District Attorney
150 North Seguin Avenue, Suite 307
New Braunfels, Texas 78130

Opinion No. GA-0582

Re: Whether a county judge may issue a single mass gathering permit for multiple events (RQ-0592-GA)

Dear Mr. Barr:

You ask whether a county judge may issue a single mass gathering permit for multiple events.[1]

Chapter 751 of the Health and Safety Code (the "Act") defines a mass gathering as one

(A) that is held outside the limits of a municipality;

(B) that attracts or is expected to attract:

(i) more than 2,500 persons; or

(ii) more 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) at which the persons will remain:

(i) for more than five continuous hours; or

(ii) for any amount of time during the period beginning at 10 p.m. and ending at 4 a.m.

TEX. HEALTH & SAFETY CODE ANN. § 751.002(1) (Vernon Supp. 2007). The Act provides that "[a] person may not promote a mass gathering without a permit issued under this chapter." Id. § 751.003 (Vernon 2003). Your question is whether the permit referenced in the Act may be granted for one event only or, on the other hand, whether the permit may be issued to cover a series of subsequent "similar events." Request Letter, supra note 1, at 5.

When construing a statute, one's primary objective is to ascertain and give effect to the Legislature's intent. City of Houston v. Jackson, 192 S.W.3d 764, 770 (Tex. 2006). To determine that intent, we look to the plain and common meaning of the words of a particular statute. Id. When the statutory language is unambiguous, we must construe the statute as written. Id. Moreover, we are admonished that "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage." TEX. GOV'T CODE ANN. § 311.011(b) (Vernon 2005). In addition, "[i]n enacting a statute, it is presumed that: ... the entire statute is intended to be effective." Id. § 311.021(2).[2]

The following quoted language from the Act contains numerous instances, when read in context and within the statutory whole, that point to a single event, and thus reveals a legislative intent to require a separate permit for each separate mass gathering. For example, the Act requires that, "[a]t least 45 days before the date on which a mass gathering will be held," a promoter must file a detailed application "with the county judge of the county in which the mass gathering will be held." TEX. HEALTH & SAFETY CODE ANN. § 751.004(a) (Vernon 2003) (emphasis added). The county health authority, the county fire marshal, and the sheriff are directed to inquire into and investigate "preparations for the mass gathering." Id. § 751.005(a)-(d) (emphasis added). Other portions of the Act consistently use the singular articles "a" and "the" to modify the term mass gathering. See, e.g., id. §§ 751.007(b)(3) ("the location selected for the mass gathering"), 751.012 (county officials permitted to inspect "a" mass gathering while event is occurring).

Furthermore, the Act, when read as a whole and in context, suggests that the Legislature was primarily concerned with ensuring the health and safety of the attendees of a mass gathering. The county judge, for example, may deny a permit for a variety of reasons, if, among other things:

(2) the promoter's financial backing is insufficient to ensure that the mass gathering will be conducted in the manner stated in the application;

(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;

(6) the preparations for the mass gathering do not ensure that minimum standards of sanitation and health will be maintained; [or]

(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.

Id. § 751.007(b)(2), (4), (6)-(7). Satisfaction of these concerns, in the context of current circumstances, is best achieved when the county judge is required to examine each particular proposed event on an individual basis. Finally, nothing in chapter 751 expressly authorizes a single permit for multiple events. Neither does it seem reasonable, after reading the Act as a whole and in context, to infer such authorization from the language of chapter 751.

The statutory requirements for obtaining a permit make clear that the Legislature did not contemplate the issuance of a single document to cover more than one event. We conclude that a county judge may not issue a single mass gathering permit for multiple events.

SUMMARY

A county judge may not issue a single mass gathering permit for multiple events.

KENT C. SULLIVAN
First Assistant Attorney General

ANDREW WEBER
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Rick Gilpin
Assistant Attorney General, Opinion Committee

Footnotes

[1] Letter from Honorable Geoffrey I. Barr, Comal County Criminal District Attorney, to Honorable Greg Abbott, Attorney General of Texas (June 19, 2007) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us) [hereinafter Request Letter].

[2] Although another rule of statutory construction provides that "[t]he singular includes the plural and the plural includes the singular," a court would likely find that the overall context of the Act, when considered together with the rules of grammar and common usage, overcomes the singular-plural rule. See TEX. GOV'T CODE ANN. § 311.012(b) (Vernon 2005).