| 1 | 1 | | 88R23204 MLH-D |
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| 2 | 2 | | By: Guerra, Longoria, Bernal, Allison, H.B. No. 1497 |
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| 3 | 3 | | Stucky, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 1497: |
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| 5 | 5 | | By: Cole C.S.H.B. No. 1497 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to requiring the disclosure of taxes and fees charged for |
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| 11 | 11 | | the sale of concert and other event tickets. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Title 6, Business & Commerce Code, is amended by |
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| 14 | 14 | | adding Chapter 205 to read as follows: |
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| 15 | 15 | | CHAPTER 205. DISCLOSURE OF TAXES AND FEES FOR EVENT TICKETS |
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| 16 | 16 | | Sec. 205.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Event" means a concert, theatrical performance, |
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| 18 | 18 | | sporting event, exhibition, show, or similar scheduled activity |
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| 19 | 19 | | that: |
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| 20 | 20 | | (A) is open to the public; |
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| 21 | 21 | | (B) is held in a public or private venue; and |
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| 22 | 22 | | (C) requires payment of an admission fee to |
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| 23 | 23 | | attend the activity. |
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| 24 | 24 | | (2) "Ticket website" means an Internet website or |
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| 25 | 25 | | mobile application advertising or offering the sale of tickets, or |
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| 26 | 26 | | offering tickets for resale, to an event in this state. |
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| 27 | 27 | | (3) "Venue" means an arena, stadium, theater, concert |
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| 28 | 28 | | hall, or other place used for events. |
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| 29 | 29 | | Sec. 205.002. DISCLOSURE OF TAXES AND FEES. (a) A person |
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| 30 | 30 | | that sells or resells tickets for a concert or other event in this |
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| 31 | 31 | | state, including the operator of a ticket website, must disclose in |
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| 32 | 32 | | a clear and conspicuous manner to a potential ticket purchaser |
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| 33 | 33 | | before the purchaser selects the ticket for purchase: |
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| 34 | 34 | | (1) the total cost of the ticket purchase, including: |
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| 35 | 35 | | (A) all taxes and fees charged in connection with |
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| 36 | 36 | | the sale of a ticket for the event; and |
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| 37 | 37 | | (B) a disclosure of who ultimately receives money |
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| 38 | 38 | | from each tax or fee; and |
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| 39 | 39 | | (2) the portion of the total cost, stated in dollars |
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| 40 | 40 | | and as a percentage, of the ticket purchase that is represented by |
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| 41 | 41 | | taxes and fees. |
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| 42 | 42 | | (b) The total price of event tickets made available for sale |
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| 43 | 43 | | on a ticket website, including taxes and fees charged in connection |
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| 44 | 44 | | with the sale and the disclosure of who ultimately receives money |
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| 45 | 45 | | from a tax or fee, must be posted on the website in a location easily |
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| 46 | 46 | | accessible by a ticket purchaser or potential ticket purchaser |
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| 47 | 47 | | before the ticket purchaser or potential ticket purchaser selects a |
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| 48 | 48 | | ticket for purchase. |
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| 49 | 49 | | (c) A print or electronic advertisement for a ticket for an |
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| 50 | 50 | | event in this state must: |
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| 51 | 51 | | (1) include the total cost of the ticket, including |
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| 52 | 52 | | all taxes and fees charged in connection with the sale of the |
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| 53 | 53 | | ticket; and |
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| 54 | 54 | | (2) display any taxes and fees charged in the same size |
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| 55 | 55 | | and with equal prominence as the cost of the ticket, excluding any |
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| 56 | 56 | | taxes or fees charged. |
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| 57 | 57 | | Sec. 205.003. CONSTRUCTION OF CHAPTER. This chapter may |
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| 58 | 58 | | not be construed to nullify, expand, or otherwise affect any other |
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| 59 | 59 | | law relating to the sale of a ticket for an event. |
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| 60 | 60 | | SECTION 2. This Act takes effect September 1, 2023. |
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