| 1 | 1 | | S.B. No. 1639 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to prohibitions in connection with ticket sales on an |
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| 6 | 6 | | Internet website; providing a civil penalty. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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| 9 | 9 | | is amended by adding Chapter 328 to read as follows: |
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| 10 | 10 | | CHAPTER 328. ONLINE SALE OF EVENT TICKETS |
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| 11 | 11 | | Sec. 328.001. DEFINITIONS. In this chapter: |
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| 12 | 12 | | (1) "Bot" means any automated software program that |
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| 13 | 13 | | performs automatic and repetitive tasks and is designed to |
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| 14 | 14 | | impersonate or replicate human activity online. The term does not |
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| 15 | 15 | | include autofill or password management features built into an |
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| 16 | 16 | | Internet browser or provided through separate software. |
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| 17 | 17 | | (2) "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 | | (3) "Ticket" means a physical or electronic |
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| 25 | 25 | | certificate, voucher, document, token, or other evidence of a right |
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| 26 | 26 | | for admission to enter a place of entertainment for one or more |
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| 27 | 27 | | events at one or more specified dates and times. |
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| 28 | 28 | | Sec. 328.002. PROHIBITION ON USE OR CREATION OF BOTS TO |
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| 29 | 29 | | ENGAGE IN CERTAIN ONLINE TICKET ACTIVITY. A person may not use or |
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| 30 | 30 | | create a bot to: |
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| 31 | 31 | | (1) purchase tickets in excess of posted limits for an |
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| 32 | 32 | | online ticket sale; |
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| 33 | 33 | | (2) use multiple Internet Protocol (IP) addresses, |
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| 34 | 34 | | multiple purchaser accounts, or multiple e-mail addresses to |
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| 35 | 35 | | purchase tickets in excess of posted limits for an online ticket |
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| 36 | 36 | | sale; |
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| 37 | 37 | | (3) circumvent or disable an electronic queue, waiting |
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| 38 | 38 | | period, presale code, or other sales volume limitation system |
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| 39 | 39 | | associated with an online ticket sale; or |
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| 40 | 40 | | (4) circumvent or disable a security measure, access |
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| 41 | 41 | | control system, or other control or measure that is used to |
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| 42 | 42 | | facilitate authorized entry to an event. |
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| 43 | 43 | | Sec. 328.003. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION; |
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| 44 | 44 | | CIVIL PENALTY. (a) The attorney general may investigate a claim |
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| 45 | 45 | | that a person violated this chapter. |
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| 46 | 46 | | (b) If the attorney general concludes that a person is |
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| 47 | 47 | | violating this chapter, the attorney general may bring an action in |
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| 48 | 48 | | the name of the state to restrain or enjoin the person from |
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| 49 | 49 | | violating this chapter. |
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| 50 | 50 | | (c) In addition to bringing an action for injunctive relief |
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| 51 | 51 | | under this chapter, the attorney general may seek restitution and |
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| 52 | 52 | | petition a district court for the assessment of a civil penalty as |
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| 53 | 53 | | provided by this section. |
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| 54 | 54 | | (d) A person who knowingly violates Section 328.002 is |
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| 55 | 55 | | liable for a civil penalty of not more than $10,000 for each |
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| 56 | 56 | | violation. |
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| 57 | 57 | | (e) Every ticket transaction in which a ticket is acquired |
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| 58 | 58 | | to be sold in violation of Section 328.002 constitutes a separate |
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| 59 | 59 | | violation for purposes of assessing a civil penalty. |
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| 60 | 60 | | (f) The civil penalty for a violation of a court order or |
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| 61 | 61 | | injunction issued to enforce this section may not exceed $100,000. |
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| 62 | 62 | | (g) The attorney general may recover all reasonable costs of |
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| 63 | 63 | | bringing an action under this section, including court costs, |
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| 64 | 64 | | reasonable attorney's fees, and investigation costs. |
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| 65 | 65 | | SECTION 2. Section 328.002, Business & Commerce Code, as |
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| 66 | 66 | | added by this Act, applies only to a purchase that occurs on or |
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| 67 | 67 | | after the effective date of this Act, regardless of whether a ticket |
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| 68 | 68 | | for an event was issued before that date. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 70 | 70 | | ______________________________ ______________________________ |
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| 71 | 71 | | President of the Senate Speaker of the House |
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| 72 | 72 | | I hereby certify that S.B. No. 1639 passed the Senate on |
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| 73 | 73 | | April 26, 2023, by the following vote: Yeas 27, Nays 4. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Secretary of the Senate |
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| 76 | 76 | | I hereby certify that S.B. No. 1639 passed the House on |
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| 77 | 77 | | May 6, 2023, by the following vote: Yeas 112, Nays 22, two |
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| 78 | 78 | | present not voting. |
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| 79 | 79 | | ______________________________ |
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| 80 | 80 | | Chief Clerk of the House |
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| 81 | 81 | | Approved: |
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| 82 | 82 | | ______________________________ |
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| 83 | 83 | | Date |
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| 84 | 84 | | ______________________________ |
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| 85 | 85 | | Governor |
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