Texas 2025 - 89th Regular

Texas House Bill HB3621 Compare Versions

Only one version of the bill is available at this time.

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1	1	89R6172 SCR-F
2	2	By: Bumgarner H.B. No. 3621
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain disclosures and other requirements and
10	10	prohibited conduct relating to the sale of tickets for concerts and
11	11	other events.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle B, Title 10, Business & Commerce Code,
14	14	is amended by adding Chapter 330 to read as follows:
15	15	CHAPTER 330. SALE OF EVENT TICKETS
16	16	Sec. 330.001. DEFINITIONS. In this chapter:
17	17	(1) "Base ticket price" means the purchase price of a
18	18	ticket for an event. The term does not include an event ticket fee
19	19	or any taxes.
20	20	(2) "Charitable organization" has the meaning
21	21	assigned by Section 84.003, Civil Practice and Remedies Code.
22	22	(3) "Charitable purpose" has the meaning assigned by
23	23	Section 163.003, Property Code.
24	24	(4) "Event" means a concert, theatrical performance,
25	25	sporting event, exhibition, show, or similar scheduled activity
26	26	that:
27	27	(A) is open to the public;
28	28	(B) is held in a public or private venue; and
29	29	(C) requires payment of an admission fee to
30	30	attend the activity.
31	31	(5) "Event ticket fee" means a fee or charge added to
32	32	the base ticket price to obtain an event ticket from either a
33	33	primary ticket seller or secondary market ticket seller. The term:
34	34	(A) includes:
35	35	(i) a service fee or charge;
36	36	(ii) an order processing fee;
37	37	(iii) a delivery fee; and
38	38	(iv) a facility charge fee; and
39	39	(B) does not include:
40	40	(i) a tax;
41	41	(ii) a reasonable postage or carrier charge
42	42	incurred to ship nonelectronic tickets based on the location or
43	43	delivery method selected by the purchaser; or
44	44	(iii) a charge or fee for an optional
45	45	product or service associated with the event.
46	46	(6) "Nonprofit organization" has the meaning assigned
47	47	by Section 541.001.
48	48	(7) "Optional product or service" means a product or
49	49	service that a person is not required to purchase to use or take
50	50	possession of an event ticket.
51	51	(8) "Primary sale" means the initial sale of a ticket
52	52	for an event.
53	53	(9) "Primary ticket seller" means any of the following
54	54	persons that are engaged in the primary sale of tickets for an
55	55	event:
56	56	(A) an owner or operator of a venue;
57	57	(B) a manager or provider of an event;
58	58	(C) a provider of ticketing services; or
59	59	(D) an agent of a person described by Paragraph
60	60	(A), (B), or (C).
61	61	(10) "Resale" or "reselling" means the sale of an
62	62	event ticket by a primary ticket seller occurring any time after the
63	63	primary sale of the ticket.
64	64	(11) "Secondary market ticket exchange" or "exchange"
65	65	means a person that operates a platform or exchange for
66	66	advertising, listing, or selling resale tickets on the person's own
67	67	behalf or on behalf of a vendor or secondary market ticket seller.
68	68	The term includes a primary ticket seller offering tickets for
69	69	resale.
70	70	(12) "Secondary market ticket seller" means an entity
71	71	engaged in the business of reselling event tickets to the public.
72	72	(13) "Total ticket price," with respect to a ticket
73	73	for an event, means the total cost of the ticket. The term includes
74	74	the base ticket price and an event ticket fee.
75	75	(14) "Venue" means a stadium, arena, theater, concert
76	76	hall, or other place used for events.
77	77	Sec. 330.002. APPLICABILITY OF CHAPTER. This chapter
78	78	applies only to the sale, including resale, of a ticket for an event
79	79	held or to be held in a venue in this state with a seating or
80	80	attendance capacity of more than 200 people.
81	81	Sec. 330.003. TRANSPARENCY OF MARKETING, DISTRIBUTION, AND
82	82	PRICING OF TICKETS. (a) Except as provided by Subsection (b), a
83	83	primary ticket seller, secondary market ticket seller, or secondary
84	84	market ticket exchange may not offer for sale an event ticket unless
85	85	the seller or exchange:
86	86	(1) clearly and conspicuously discloses to a potential
87	87	purchaser the total ticket price from the time the price is first
88	88	displayed and continuously throughout the ticket purchasing
89	89	process;
90	90	(2) does not increase the total ticket price from the
91	91	time the price is first displayed to a potential purchaser; and
92	92	(3) if applicable to the seat and venue, identifies
93	93	the row number and zone or section of the ticket.
94	94	(b) Subsection (a)(2) does not apply if a potential ticket
95	95	purchaser's transaction time expires before making a purchase.
96	96	Sec. 330.004. PRIMARY TICKET SELLER REQUIREMENTS. (a) A
97	97	primary ticket seller may not restrict or impair the ability of a
98	98	purchaser of an event ticket sold by the seller or by the venue
99	99	holding the event from reselling the ticket:
100	100	(1) independently of the seller or of any secondary
101	101	market ticket exchange owned by or affiliated with the seller; or
102	102	(2) on a secondary market ticket exchange chosen by
103	103	the purchaser.
104	104	(b) A primary ticket seller may not require a minimum or
105	105	maximum price for the resale of any ticket purchased from the
106	106	seller.
107	107	(c) For purposes of this subsection, a sanction includes
108	108	denial of admission to an event or denial of rights to or renewal of
109	109	bundled series tickets. A primary ticket seller may not sanction or
110	110	discriminate against a ticket purchaser for:
111	111	(1) reselling or gifting a ticket; or
112	112	(2) purchasing a resold ticket.
113	113	(d) A primary ticket seller shall deliver an event ticket to
114	114	a ticket purchaser not later than the seventh day after the date the
115	115	purchaser purchases the ticket.
116	116	(e) Subject to the requirements of Subsections (a)-(d),
117	117	this section may not be construed to prohibit an operator of a venue
118	118	at which an event is held or to be held from maintaining and
119	119	enforcing policies regarding access control to, or conduct or
120	120	behavior at, the venue. An operator of a venue may revoke or
121	121	restrict tickets:
122	122	(1) for a reason relating to a violation of venue
123	123	policies that are available in writing;
124	124	(2) for the safety of the venue's patrons; or
125	125	(3) to address misconduct occurring on the venue's
126	126	premises.
127	127	(f) An operator of a venue may prohibit the resale of a
128	128	ticket initially offered:
129	129	(1) at no charge and access to which is not contingent
130	130	on providing any form of monetary consideration; or
131	131	(2) by or on behalf of a charitable organization for a
132	132	charitable purpose if all the ticket sale proceeds are provided to
133	133	the charitable organization.
134	134	(g) Notwithstanding any other provision of this section to
135	135	the contrary, any educational institution or nonprofit
136	136	organization associated with the educational institution may
137	137	establish and enforce prohibitions, restrictions, or conditions on
138	138	the resale and transfer of tickets sold or otherwise made available
139	139	to the educational institution's or nonprofit organization's
140	140	officers, directors, employees, sponsors, or vendors.
141	141	Sec. 330.005. REQUIREMENTS FOR SECONDARY MARKET TICKET
142	142	SELLERS AND EXCHANGES. (a) A secondary market ticket seller or
143	143	exchange may not sell, or offer or advertise for sale, an event
144	144	ticket unless the seller or exchange has actual or constructive
145	145	possession of the ticket.
146	146	(b) This section may not be construed to prohibit a
147	147	secondary market ticket seller or exchange from offering a service
148	148	to a consumer to obtain an event ticket on the consumer's behalf if
149	149	the seller or exchange:
150	150	(1) does not market or list the service as an event
151	151	ticket;
152	152	(2) maintains a clear, distinct, and easily
153	153	discernible separation between the service and the direct purchase
154	154	of event tickets through an unavoidable visual demarcation that
155	155	persists throughout the entire service selection and purchasing
156	156	process;
157	157	(3) clearly and conspicuously discloses to a potential
158	158	purchaser that purchase of the service:
159	159	(A) is not considered the direct purchase of an
160	160	event ticket; and
161	161	(B) does not guarantee the purchaser will receive
162	162	an event ticket;
163	163	(4) if the service is unable to obtain tickets to a
164	164	specified event purchased through the service, provides to the
165	165	purchaser of the service within a reasonable time:
166	166	(A) a full refund for the total cost charged by
167	167	the service to obtain the event ticket; or
168	168	(B) subject to availability, a replacement event
169	169	ticket in the same or a comparable location with prior approval of
170	170	the purchaser; and
171	171	(5) does not obtain more tickets than the maximum
172	172	number of tickets that can be purchased in a single transaction as
173	173	set by the venue and artist for each event.
174	174	Sec. 330.006. OTHER LAWS NOT AFFECTED. This chapter may not
175	175	be construed to nullify, expand, or otherwise affect any other law
176	176	regarding the sale of a ticket for a concert or other event.
177	177	SECTION 2. This Act takes effect October 1, 2025.