LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 1, 2013 TO: Honorable René Oliveira, Chair, House Committee on Business & Industry FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3041 by Oliveira (Relating to the sale of event tickets; providing penalties.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Occupations Code to prohibit an event ticket issuer from restricting the resale of an event ticket or issuing a non-transferrable ticket. The bill would also impose a penalty on a person who resells a ticket or places a maximum or minimum price on the resale of a ticket. Furthermore, the Office of the Attorney General (OAG) would be authorized to file suit for damages on behalf of a consumer who is a resident of this state and to recover a civil penalty of not less than $100 or more than $500 for each violation. The OAG has indicated that that any costs associated with the bill could be absorbed within existing resources. The Comptroller of Public Accounts indicates that additional revenue may be generated; however, the amount of revenue cannot be determined. Local Government Impact The bill creates a class C misdemeanor and a civil penalty of $100 to $500 per violation. A Class C misdemeanor is punishable by a fine of not more than $500. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts LBB Staff: UP, RB, EP, JM, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 1, 2013
TO: Honorable René Oliveira, Chair, House Committee on Business & Industry FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3041 by Oliveira (Relating to the sale of event tickets; providing penalties.), As Introduced
TO: Honorable René Oliveira, Chair, House Committee on Business & Industry
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB3041 by Oliveira (Relating to the sale of event tickets; providing penalties.), As Introduced
Honorable René Oliveira, Chair, House Committee on Business & Industry
Honorable René Oliveira, Chair, House Committee on Business & Industry
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB3041 by Oliveira (Relating to the sale of event tickets; providing penalties.), As Introduced
HB3041 by Oliveira (Relating to the sale of event tickets; providing penalties.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Occupations Code to prohibit an event ticket issuer from restricting the resale of an event ticket or issuing a non-transferrable ticket. The bill would also impose a penalty on a person who resells a ticket or places a maximum or minimum price on the resale of a ticket. Furthermore, the Office of the Attorney General (OAG) would be authorized to file suit for damages on behalf of a consumer who is a resident of this state and to recover a civil penalty of not less than $100 or more than $500 for each violation. The OAG has indicated that that any costs associated with the bill could be absorbed within existing resources. The Comptroller of Public Accounts indicates that additional revenue may be generated; however, the amount of revenue cannot be determined.
The bill would amend the Occupations Code to prohibit an event ticket issuer from restricting the resale of an event ticket or issuing a non-transferrable ticket. The bill would also impose a penalty on a person who resells a ticket or places a maximum or minimum price on the resale of a ticket. Furthermore, the Office of the Attorney General (OAG) would be authorized to file suit for damages on behalf of a consumer who is a resident of this state and to recover a civil penalty of not less than $100 or more than $500 for each violation. The OAG has indicated that that any costs associated with the bill could be absorbed within existing resources. The Comptroller of Public Accounts indicates that additional revenue may be generated; however, the amount of revenue cannot be determined.
Local Government Impact
The bill creates a class C misdemeanor and a civil penalty of $100 to $500 per violation. A Class C misdemeanor is punishable by a fine of not more than $500. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
LBB Staff: UP, RB, EP, JM, KKR
UP, RB, EP, JM, KKR