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