| 1 | 1 | | 84R3634 YDB-F |
|---|
| 2 | 2 | | By: Goldman H.B. No. 3477 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to restrictions on event ticket sales. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subtitle D, Title 13, Occupations Code, is |
|---|
| 10 | 10 | | amended by adding Chapter 2158 to read as follows: |
|---|
| 11 | 11 | | CHAPTER 2158. SALE AND RESALE OF EVENT TICKETS |
|---|
| 12 | 12 | | Sec. 2158.001. DEFINITIONS. In this chapter: |
|---|
| 13 | 13 | | (1) "Event" means a concert, theatrical performance, |
|---|
| 14 | 14 | | sporting event, exhibition, show, or similar scheduled activity |
|---|
| 15 | 15 | | that: |
|---|
| 16 | 16 | | (A) is open to the general public; |
|---|
| 17 | 17 | | (B) is held in a public or private venue; and |
|---|
| 18 | 18 | | (C) requires payment of an admission fee to |
|---|
| 19 | 19 | | attend the activity. |
|---|
| 20 | 20 | | (2) "Event ticket" means any physical or electronic |
|---|
| 21 | 21 | | certificate, document, voucher, token, or other evidence of a right |
|---|
| 22 | 22 | | to enter an event, an entitlement to purchase a right to enter an |
|---|
| 23 | 23 | | event, or a right to occupy a specified seat at an event. |
|---|
| 24 | 24 | | (3) "Resale" means any form of transfer of possession |
|---|
| 25 | 25 | | or an offer of transfer of possession, including an offer of |
|---|
| 26 | 26 | | transfer of the entitlement to possession, of an event ticket, made |
|---|
| 27 | 27 | | by any means from a person other than the ticket issuer. |
|---|
| 28 | 28 | | (4) "Resale ticket agent" means a person who directly |
|---|
| 29 | 29 | | or indirectly makes event tickets available for resale to the |
|---|
| 30 | 30 | | general public. |
|---|
| 31 | 31 | | (5) "Ticket issuer" means a person who directly or |
|---|
| 32 | 32 | | indirectly makes event tickets available for sale to the general |
|---|
| 33 | 33 | | public. |
|---|
| 34 | 34 | | Sec. 2158.002. RESTRICTIONS. (a) A person may not sell, |
|---|
| 35 | 35 | | use, or cause to be used any method, technology, device, or software |
|---|
| 36 | 36 | | in the sale or resale of event tickets on a ticket issuer's or |
|---|
| 37 | 37 | | resale ticket agent's Internet website that: |
|---|
| 38 | 38 | | (1) functions as a bypass in the ticket purchasing |
|---|
| 39 | 39 | | process; |
|---|
| 40 | 40 | | (2) disguises the identity of the ticket purchaser; |
|---|
| 41 | 41 | | (3) permits the purchase of a quantity of event |
|---|
| 42 | 42 | | tickets in a number that exceeds the maximum number of tickets that |
|---|
| 43 | 43 | | may be sold to one purchaser as specified by the event owner or |
|---|
| 44 | 44 | | operator on the website; or |
|---|
| 45 | 45 | | (4) circumvents a security measure, access control |
|---|
| 46 | 46 | | system, or other control, authorization, or measure in the ticket |
|---|
| 47 | 47 | | purchasing process. |
|---|
| 48 | 48 | | (b) A person may not decode, decrypt, modify, or reverse |
|---|
| 49 | 49 | | engineer any event ticket or an underlying algorithm or barcode |
|---|
| 50 | 50 | | used in the ticket's production or on any Internet website in the |
|---|
| 51 | 51 | | sale or resale of the ticket. |
|---|
| 52 | 52 | | Sec. 2158.003. ATTORNEY GENERAL POWERS; CIVIL ACTION. (a) |
|---|
| 53 | 53 | | The attorney general may: |
|---|
| 54 | 54 | | (1) investigate a claim made by any person that a |
|---|
| 55 | 55 | | person violated this chapter; |
|---|
| 56 | 56 | | (2) bring an action in district court to enjoin a |
|---|
| 57 | 57 | | person from violating this chapter; |
|---|
| 58 | 58 | | (3) sue for money damages on behalf of a ticket issuer |
|---|
| 59 | 59 | | or resale ticket agent who is a resident of this state and is |
|---|
| 60 | 60 | | injured by a violation of this chapter; or |
|---|
| 61 | 61 | | (4) recover reasonable expenses incurred in obtaining |
|---|
| 62 | 62 | | injunctive or civil relief under this section. |
|---|
| 63 | 63 | | (b) If the ticket issuer or resale ticket agent prevails in |
|---|
| 64 | 64 | | a suit under this section, the ticket issuer or resale ticket agent |
|---|
| 65 | 65 | | may recover court costs, attorney's fees, expenses, and actual |
|---|
| 66 | 66 | | damages. |
|---|
| 67 | 67 | | SECTION 2. Chapter 2158, Occupations Code, as added by this |
|---|
| 68 | 68 | | Act, applies to the purchase of an event ticket for an event subject |
|---|
| 69 | 69 | | to that chapter that occurs on or after September 1, 2015, |
|---|
| 70 | 70 | | regardless of whether any event tickets were issued before that |
|---|
| 71 | 71 | | date. |
|---|
| 72 | 72 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|