| 1 | 1 | | 88R22228 JES-D |
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| 2 | 2 | | By: Frazier, Thimesch, Plesa, Guerra, et al. H.B. No. 4084 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain disclosures and other requirements relating to |
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| 8 | 8 | | the sale of concert and other event tickets. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 6, Business & Commerce Code, is amended by |
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| 11 | 11 | | adding Chapter 205 to read as follows: |
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| 12 | 12 | | CHAPTER 205. SALE OF EVENT TICKETS |
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| 13 | 13 | | Sec. 205.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Ancillary fee" includes a service charge, |
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| 15 | 15 | | surcharge, or any other fee charged in connection with the sale of |
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| 16 | 16 | | an event ticket. The term does not include a shipping fee or any |
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| 17 | 17 | | applicable local, state, or federal taxes. |
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| 18 | 18 | | (2) "Event" means a concert, theatrical performance, |
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| 19 | 19 | | sporting event, exhibition, show, or similar scheduled activity |
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| 20 | 20 | | that: |
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| 21 | 21 | | (A) is open to the public; |
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| 22 | 22 | | (B) is held in a public or private venue; and |
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| 23 | 23 | | (C) requires payment of an admission fee to |
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| 24 | 24 | | attend the activity. |
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| 25 | 25 | | (3) "Ticket seller" means a person that sells or |
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| 26 | 26 | | resells tickets for a concert or other event, including the |
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| 27 | 27 | | operator of a ticket website or the operator's agent. |
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| 28 | 28 | | (4) "Ticket website" means an Internet website or |
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| 29 | 29 | | mobile application advertising or offering the sale of tickets, or |
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| 30 | 30 | | offering tickets for resale, to an event in this state. |
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| 31 | 31 | | (5) "Venue" means an arena, stadium, theater, concert |
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| 32 | 32 | | hall, or other place used for events. |
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| 33 | 33 | | Sec. 205.002. APPLICABILITY. (a) This chapter applies |
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| 34 | 34 | | only to the sale or resale of a ticket for a concert or other event |
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| 35 | 35 | | that will be held in this state. |
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| 36 | 36 | | (b) Notwithstanding Subsection (a), this chapter does not |
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| 37 | 37 | | apply to the sale or resale of a ticket by a movie theater, unless |
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| 38 | 38 | | the movie theater is hosting a live event. |
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| 39 | 39 | | Sec. 205.003. DISCLOSURE OF ANCILLARY FEES. A ticket |
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| 40 | 40 | | seller offering tickets for sale or resale on a ticket website shall |
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| 41 | 41 | | disclose in a clear and conspicuous manner to a potential ticket |
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| 42 | 42 | | purchaser in the ticket listing and before the purchaser selects |
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| 43 | 43 | | the ticket for purchase: |
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| 44 | 44 | | (1) the total cost, stated in dollars, of the ticket |
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| 45 | 45 | | purchase, including all ancillary fees the purchaser must pay to |
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| 46 | 46 | | complete the purchase; and |
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| 47 | 47 | | (2) the portion of the total cost, stated in dollars, |
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| 48 | 48 | | of the ticket purchase that is represented by ancillary fees. |
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| 49 | 49 | | Sec. 205.004. PROHIBITED CONDUCT. A ticket seller may not: |
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| 50 | 50 | | (1) disclose a fee in a manner that is false or |
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| 51 | 51 | | misleading; |
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| 52 | 52 | | (2) display an ancillary fee or any component of the |
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| 53 | 53 | | total price of a ticket purchase more prominently or in the same |
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| 54 | 54 | | font as or a larger font than the total price of the ticket |
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| 55 | 55 | | purchase; or |
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| 56 | 56 | | (3) increase the total cost of a ticket purchase |
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| 57 | 57 | | during the purchase process after a potential ticket purchaser has |
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| 58 | 58 | | selected a ticket for purchase, except to charge a reasonable fee |
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| 59 | 59 | | disclosed before the final purchase of the ticket for the delivery |
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| 60 | 60 | | of the ticket by a nonelectronic delivery method selected by the |
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| 61 | 61 | | purchaser. |
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| 62 | 62 | | Sec. 205.005. OTHER LAWS NOT AFFECTED. This chapter may not |
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| 63 | 63 | | be construed to nullify, expand, or otherwise affect any other law |
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| 64 | 64 | | regarding the sale of a ticket for a concert or other event. |
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| 65 | 65 | | SECTION 2. This Act takes effect September 1, 2023. |
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