89R5342 SCR-D
By: Zaffirini S.B. No. 1622
A BILL TO BE ENTITLED
AN ACT
relating to certain disclosures and other requirements relating to
the online sale of concert and other event tickets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 328, Business & Commerce Code, as added
by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular
Session, 2023, is amended by designating Section 328.001 as
Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Section 328.001, Business & Commerce Code, as
added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
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.
(2) "Venue" means an arena, stadium, theater, concert
hall, or other place used for events.
[(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.]
SECTION 3. Chapter 328, Business & Commerce Code, as added
by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular
Session, 2023, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. USE OR CREATION OF BOTS PROHIBITED
Sec. 328.051. DEFINITIONS. In this subchapter:
(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) "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.
SECTION 4. Section 328.002, Business & Commerce Code, as
added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,
Regular Session, 2023, is transferred to Subchapter B, Chapter 328,
Business & Commerce Code, as added by this Act, and redesignated as
Section 328.052, Business & Commerce Code, to read as follows:
Sec. 328.052 [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.
SECTION 5. Section 328.003, Business & Commerce Code, as
added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,
Regular Session, 2023, is transferred to Subchapter B, Chapter 328,
Business & Commerce Code, as added by this Act, redesignated as
Section 328.053, Business & Commerce Code, and amended to read as
follows:
Sec. 328.053 [328.003]. ENFORCEMENT BY ATTORNEY GENERAL;
INJUNCTION; CIVIL PENALTY. (a) The attorney general may
investigate a claim that a person violated this subchapter
[chapter].
(b) If the attorney general concludes that a person is
violating this subchapter [chapter], the attorney general may bring
an action in the name of the state to restrain or enjoin the person
from violating this subchapter [chapter].
(c) In addition to bringing an action for injunctive relief
under this subchapter [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 328.052
[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 328.052 [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 6. Chapter 328, Business & Commerce Code, as added
by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular
Session, 2023, is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. ANCILLARY FEES AND OTHER FEES AND CHARGES
Sec. 328.101. DEFINITIONS. In this subchapter:
(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) "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.
(3) "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.
Sec. 328.102. APPLICABILITY. (a) This subchapter 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 subchapter 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. 328.103. 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. 328.104. PROHIBITED CONDUCT. A ticket seller offering
tickets for sale or resale on a ticket website 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. 328.105. OTHER LAWS NOT AFFECTED. This subchapter 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 7. This Act takes effect September 1, 2025.