Texas 2023 88th Regular

Texas House Bill HB1497 House Committee Report / Bill

Filed 05/08/2023

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                    88R23204 MLH-D
 By: Guerra, Longoria, Bernal, Allison, H.B. No. 1497
 Stucky, et al.
 Substitute the following for H.B. No. 1497:
 By:  Cole C.S.H.B. No. 1497


 A BILL TO BE ENTITLED
 AN ACT
 relating to requiring the disclosure of taxes and fees charged for
 the sale of concert and other event tickets.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Title 6, Business & Commerce Code, is amended by
 adding Chapter 205 to read as follows:
 CHAPTER 205. DISCLOSURE OF TAXES AND FEES FOR EVENT TICKETS
 Sec. 205.001.  DEFINITIONS. In this chapter:
 (1)  "Event" means a concert, theatrical performance,
 sporting event, exhibition, show, or similar scheduled activity
 that:
 (A)  is open to the public;
 (B)  is held in a public or private venue; and
 (C)  requires payment of an admission fee to
 attend the activity.
 (2)  "Ticket website" means an Internet website or
 mobile application advertising or offering the sale of tickets, or
 offering tickets for resale, to an event in this state.
 (3)  "Venue" means an arena, stadium, theater, concert
 hall, or other place used for events.
 Sec. 205.002.  DISCLOSURE OF TAXES AND FEES. (a) A person
 that sells or resells tickets for a concert or other event in this
 state, including the operator of a ticket website, must disclose in
 a clear and conspicuous manner to a potential ticket purchaser
 before the purchaser selects the ticket for purchase:
 (1)  the total cost of the ticket purchase, including:
 (A)  all taxes and fees charged in connection with
 the sale of a ticket for the event; and
 (B)  a disclosure of who ultimately receives money
 from each tax or fee; and
 (2)  the portion of the total cost, stated in dollars
 and as a percentage, of the ticket purchase that is represented by
 taxes and fees.
 (b)  The total price of event tickets made available for sale
 on a ticket website, including taxes and fees charged in connection
 with the sale and the disclosure of who ultimately receives money
 from a tax or fee, must be posted on the website in a location easily
 accessible by a ticket purchaser or potential ticket purchaser
 before the ticket purchaser or potential ticket purchaser selects a
 ticket for purchase.
 (c)  A print or electronic advertisement for a ticket for an
 event in this state must:
 (1)  include the total cost of the ticket, including
 all taxes and fees charged in connection with the sale of the
 ticket; and
 (2)  display any taxes and fees charged in the same size
 and with equal prominence as the cost of the ticket, excluding any
 taxes or fees charged.
 Sec. 205.003.  CONSTRUCTION OF CHAPTER.  This chapter may
 not be construed to nullify, expand, or otherwise affect any other
 law relating to the sale of a ticket for an event.
 SECTION 2.  This Act takes effect September 1, 2023.