89R6172 SCR-F
By: Bumgarner H.B. No. 3621
A BILL TO BE ENTITLED
AN ACT
relating to certain disclosures and other requirements and
prohibited conduct relating to the sale of tickets for concerts and
other events.
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 330 to read as follows:
CHAPTER 330. SALE OF EVENT TICKETS
Sec. 330.001. DEFINITIONS. In this chapter:
(1) "Base ticket price" means the purchase price of a
ticket for an event. The term does not include an event ticket fee
or any taxes.
(2) "Charitable organization" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(3) "Charitable purpose" has the meaning assigned by
Section 163.003, Property Code.
(4) "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.
(5) "Event ticket fee" means a fee or charge added to
the base ticket price to obtain an event ticket from either a
primary ticket seller or secondary market ticket seller. The term:
(A) includes:
(i) a service fee or charge;
(ii) an order processing fee;
(iii) a delivery fee; and
(iv) a facility charge fee; and
(B) does not include:
(i) a tax;
(ii) a reasonable postage or carrier charge
incurred to ship nonelectronic tickets based on the location or
delivery method selected by the purchaser; or
(iii) a charge or fee for an optional
product or service associated with the event.
(6) "Nonprofit organization" has the meaning assigned
by Section 541.001.
(7) "Optional product or service" means a product or
service that a person is not required to purchase to use or take
possession of an event ticket.
(8) "Primary sale" means the initial sale of a ticket
for an event.
(9) "Primary ticket seller" means any of the following
persons that are engaged in the primary sale of tickets for an
event:
(A) an owner or operator of a venue;
(B) a manager or provider of an event;
(C) a provider of ticketing services; or
(D) an agent of a person described by Paragraph
(A), (B), or (C).
(10) "Resale" or "reselling" means the sale of an
event ticket by a primary ticket seller occurring any time after the
primary sale of the ticket.
(11) "Secondary market ticket exchange" or "exchange"
means a person that operates a platform or exchange for
advertising, listing, or selling resale tickets on the person's own
behalf or on behalf of a vendor or secondary market ticket seller.
The term includes a primary ticket seller offering tickets for
resale.
(12) "Secondary market ticket seller" means an entity
engaged in the business of reselling event tickets to the public.
(13) "Total ticket price," with respect to a ticket
for an event, means the total cost of the ticket. The term includes
the base ticket price and an event ticket fee.
(14) "Venue" means a stadium, arena, theater, concert
hall, or other place used for events.
Sec. 330.002. APPLICABILITY OF CHAPTER. This chapter
applies only to the sale, including resale, of a ticket for an event
held or to be held in a venue in this state with a seating or
attendance capacity of more than 200 people.
Sec. 330.003. TRANSPARENCY OF MARKETING, DISTRIBUTION, AND
PRICING OF TICKETS. (a) Except as provided by Subsection (b), a
primary ticket seller, secondary market ticket seller, or secondary
market ticket exchange may not offer for sale an event ticket unless
the seller or exchange:
(1) clearly and conspicuously discloses to a potential
purchaser the total ticket price from the time the price is first
displayed and continuously throughout the ticket purchasing
process;
(2) does not increase the total ticket price from the
time the price is first displayed to a potential purchaser; and
(3) if applicable to the seat and venue, identifies
the row number and zone or section of the ticket.
(b) Subsection (a)(2) does not apply if a potential ticket
purchaser's transaction time expires before making a purchase.
Sec. 330.004. PRIMARY TICKET SELLER REQUIREMENTS. (a) A
primary ticket seller may not restrict or impair the ability of a
purchaser of an event ticket sold by the seller or by the venue
holding the event from reselling the ticket:
(1) independently of the seller or of any secondary
market ticket exchange owned by or affiliated with the seller; or
(2) on a secondary market ticket exchange chosen by
the purchaser.
(b) A primary ticket seller may not require a minimum or
maximum price for the resale of any ticket purchased from the
seller.
(c) For purposes of this subsection, a sanction includes
denial of admission to an event or denial of rights to or renewal of
bundled series tickets. A primary ticket seller may not sanction or
discriminate against a ticket purchaser for:
(1) reselling or gifting a ticket; or
(2) purchasing a resold ticket.
(d) A primary ticket seller shall deliver an event ticket to
a ticket purchaser not later than the seventh day after the date the
purchaser purchases the ticket.
(e) Subject to the requirements of Subsections (a)-(d),
this section may not be construed to prohibit an operator of a venue
at which an event is held or to be held from maintaining and
enforcing policies regarding access control to, or conduct or
behavior at, the venue. An operator of a venue may revoke or
restrict tickets:
(1) for a reason relating to a violation of venue
policies that are available in writing;
(2) for the safety of the venue's patrons; or
(3) to address misconduct occurring on the venue's
premises.
(f) An operator of a venue may prohibit the resale of a
ticket initially offered:
(1) at no charge and access to which is not contingent
on providing any form of monetary consideration; or
(2) by or on behalf of a charitable organization for a
charitable purpose if all the ticket sale proceeds are provided to
the charitable organization.
(g) Notwithstanding any other provision of this section to
the contrary, any educational institution or nonprofit
organization associated with the educational institution may
establish and enforce prohibitions, restrictions, or conditions on
the resale and transfer of tickets sold or otherwise made available
to the educational institution's or nonprofit organization's
officers, directors, employees, sponsors, or vendors.
Sec. 330.005. REQUIREMENTS FOR SECONDARY MARKET TICKET
SELLERS AND EXCHANGES. (a) A secondary market ticket seller or
exchange may not sell, or offer or advertise for sale, an event
ticket unless the seller or exchange has actual or constructive
possession of the ticket.
(b) This section may not be construed to prohibit a
secondary market ticket seller or exchange from offering a service
to a consumer to obtain an event ticket on the consumer's behalf if
the seller or exchange:
(1) does not market or list the service as an event
ticket;
(2) maintains a clear, distinct, and easily
discernible separation between the service and the direct purchase
of event tickets through an unavoidable visual demarcation that
persists throughout the entire service selection and purchasing
process;
(3) clearly and conspicuously discloses to a potential
purchaser that purchase of the service:
(A) is not considered the direct purchase of an
event ticket; and
(B) does not guarantee the purchaser will receive
an event ticket;
(4) if the service is unable to obtain tickets to a
specified event purchased through the service, provides to the
purchaser of the service within a reasonable time:
(A) a full refund for the total cost charged by
the service to obtain the event ticket; or
(B) subject to availability, a replacement event
ticket in the same or a comparable location with prior approval of
the purchaser; and
(5) does not obtain more tickets than the maximum
number of tickets that can be purchased in a single transaction as
set by the venue and artist for each event.
Sec. 330.006. 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 October 1, 2025.