88R22228 JES-D
By: Frazier, Thimesch, Plesa, Guerra, et al. H.B. No. 4084
A BILL TO BE ENTITLED
AN ACT
relating to certain disclosures and other requirements relating to
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. SALE OF EVENT TICKETS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Ancillary fee" includes a service charge,
surcharge, or any other fee charged in connection with the sale of
an event ticket. The term does not include a shipping fee or any
applicable local, state, or federal taxes.
(2) "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.
(3) "Ticket seller" means a person that sells or
resells tickets for a concert or other event, including the
operator of a ticket website or the operator's agent.
(4) "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.
(5) "Venue" means an arena, stadium, theater, concert
hall, or other place used for events.
Sec. 205.002. APPLICABILITY. (a) This chapter applies
only to the sale or resale of a ticket for a concert or other event
that will be held in this state.
(b) Notwithstanding Subsection (a), this chapter does not
apply to the sale or resale of a ticket by a movie theater, unless
the movie theater is hosting a live event.
Sec. 205.003. DISCLOSURE OF ANCILLARY FEES. A ticket
seller offering tickets for sale or resale on a ticket website shall
disclose in a clear and conspicuous manner to a potential ticket
purchaser in the ticket listing and before the purchaser selects
the ticket for purchase:
(1) the total cost, stated in dollars, of the ticket
purchase, including all ancillary fees the purchaser must pay to
complete the purchase; and
(2) the portion of the total cost, stated in dollars,
of the ticket purchase that is represented by ancillary fees.
Sec. 205.004. PROHIBITED CONDUCT. A ticket seller may not:
(1) disclose a fee in a manner that is false or
misleading;
(2) display an ancillary fee or any component of the
total price of a ticket purchase more prominently or in the same
font as or a larger font than the total price of the ticket
purchase; or
(3) increase the total cost of a ticket purchase
during the purchase process after a potential ticket purchaser has
selected a ticket for purchase, except to charge a reasonable fee
disclosed before the final purchase of the ticket for the delivery
of the ticket by a nonelectronic delivery method selected by the
purchaser.
Sec. 205.005. OTHER LAWS NOT AFFECTED. This chapter may not
be construed to nullify, expand, or otherwise affect any other law
regarding the sale of a ticket for a concert or other event.
SECTION 2. This Act takes effect September 1, 2023.