Texas 2025 - 89th Regular

Texas Senate Bill SB1622 Compare Versions

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

Old	New	Differences
1	1	89R5342 SCR-D
2	2	By: Zaffirini S.B. No. 1622
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain disclosures and other requirements relating to
10	10	the online sale of concert and other event tickets.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 328, Business & Commerce Code, as added
13	13	by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular
14	14	Session, 2023, is amended by designating Section 328.001 as
15	15	Subchapter A and adding a subchapter heading to read as follows:
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	SECTION 2. Section 328.001, Business & Commerce Code, as
18	18	added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,
19	19	Regular Session, 2023, is amended to read as follows:
20	20	Sec. 328.001. DEFINITIONS. In this chapter:
21	21	(1) ["Bot" means any automated software program that
22	22	performs automatic and repetitive tasks and is designed to
23	23	impersonate or replicate human activity online. The term does not
24	24	include autofill or password management features built into an
25	25	Internet browser or provided through separate software.
26	26	[(2)] "Event" means a concert, theatrical
27	27	performance, sporting event, exhibition, show, or similar
28	28	scheduled activity that:
29	29	(A) is open to the public;
30	30	(B) is held in a public or private venue; and
31	31	(C) requires payment of an admission fee to
32	32	attend the activity.
33	33	(2) "Venue" means an arena, stadium, theater, concert
34	34	hall, or other place used for events.
35	35	[(3) "Ticket" means a physical or electronic
36	36	certificate, voucher, document, token, or other evidence of a right
37	37	for admission to enter a place of entertainment for one or more
38	38	events at one or more specified dates and times.]
39	39	SECTION 3. Chapter 328, Business & Commerce Code, as added
40	40	by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular
41	41	Session, 2023, is amended by adding Subchapter B to read as follows:
42	42	SUBCHAPTER B. USE OR CREATION OF BOTS PROHIBITED
43	43	Sec. 328.051. DEFINITIONS. In this subchapter:
44	44	(1) "Bot" means any automated software program that
45	45	performs automatic and repetitive tasks and is designed to
46	46	impersonate or replicate human activity online. The term does not
47	47	include autofill or password management features built into an
48	48	Internet browser or provided through separate software.
49	49	(2) "Ticket" means a physical or electronic
50	50	certificate, voucher, document, token, or other evidence of a right
51	51	for admission to enter a place of entertainment for one or more
52	52	events at one or more specified dates and times.
53	53	SECTION 4. Section 328.002, Business & Commerce Code, as
54	54	added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,
55	55	Regular Session, 2023, is transferred to Subchapter B, Chapter 328,
56	56	Business & Commerce Code, as added by this Act, and redesignated as
57	57	Section 328.052, Business & Commerce Code, to read as follows:
58	58	Sec. 328.052 [328.002]. PROHIBITION ON USE OR CREATION OF
59	59	BOTS TO ENGAGE IN CERTAIN ONLINE TICKET ACTIVITY. A person may not
60	60	use or create a bot to:
61	61	(1) purchase tickets in excess of posted limits for an
62	62	online ticket sale;
63	63	(2) use multiple Internet Protocol (IP) addresses,
64	64	multiple purchaser accounts, or multiple e-mail addresses to
65	65	purchase tickets in excess of posted limits for an online ticket
66	66	sale;
67	67	(3) circumvent or disable an electronic queue, waiting
68	68	period, presale code, or other sales volume limitation system
69	69	associated with an online ticket sale; or
70	70	(4) circumvent or disable a security measure, access
71	71	control system, or other control or measure that is used to
72	72	facilitate authorized entry to an event.
73	73	SECTION 5. Section 328.003, Business & Commerce Code, as
74	74	added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,
75	75	Regular Session, 2023, is transferred to Subchapter B, Chapter 328,
76	76	Business & Commerce Code, as added by this Act, redesignated as
77	77	Section 328.053, Business & Commerce Code, and amended to read as
78	78	follows:
79	79	Sec. 328.053 [328.003]. ENFORCEMENT BY ATTORNEY GENERAL;
80	80	INJUNCTION; CIVIL PENALTY. (a) The attorney general may
81	81	investigate a claim that a person violated this subchapter
82	82	[chapter].
83	83	(b) If the attorney general concludes that a person is
84	84	violating this subchapter [chapter], the attorney general may bring
85	85	an action in the name of the state to restrain or enjoin the person
86	86	from violating this subchapter [chapter].
87	87	(c) In addition to bringing an action for injunctive relief
88	88	under this subchapter [chapter], the attorney general may seek
89	89	restitution and petition a district court for the assessment of a
90	90	civil penalty as provided by this section.
91	91	(d) A person who knowingly violates Section 328.052
92	92	[328.002] is liable for a civil penalty of not more than $10,000 for
93	93	each violation.
94	94	(e) Every ticket transaction in which a ticket is acquired
95	95	to be sold in violation of Section 328.052 [328.002] constitutes a
96	96	separate violation for purposes of assessing a civil penalty.
97	97	(f) The civil penalty for a violation of a court order or
98	98	injunction issued to enforce this section may not exceed $100,000.
99	99	(g) The attorney general may recover all reasonable costs of
100	100	bringing an action under this section, including court costs,
101	101	reasonable attorney's fees, and investigation costs.
102	102	SECTION 6. Chapter 328, Business & Commerce Code, as added
103	103	by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular
104	104	Session, 2023, is amended by adding Subchapter C to read as follows:
105	105	SUBCHAPTER C. ANCILLARY FEES AND OTHER FEES AND CHARGES
106	106	Sec. 328.101. DEFINITIONS. In this subchapter:
107	107	(1) "Ancillary fee" includes a service charge,
108	108	surcharge, or any other fee charged in connection with the sale of
109	109	an event ticket. The term does not include a shipping fee or any
110	110	applicable local, state, or federal taxes.
111	111	(2) "Ticket seller" means a person that sells or
112	112	resells tickets for a concert or other event, including the
113	113	operator of a ticket website or the operator's agent.
114	114	(3) "Ticket website" means an Internet website or
115	115	mobile application advertising or offering the sale of tickets, or
116	116	offering tickets for resale, to an event in this state.
117	117	Sec. 328.102. APPLICABILITY. (a) This subchapter applies
118	118	only to the sale or resale of a ticket for a concert or other event
119	119	that will be held in this state.
120	120	(b) Notwithstanding Subsection (a), this subchapter does
121	121	not apply to the sale or resale of a ticket by a movie theater,
122	122	unless the movie theater is hosting a live event.
123	123	Sec. 328.103. DISCLOSURE OF ANCILLARY FEES. A ticket
124	124	seller offering tickets for sale or resale on a ticket website shall
125	125	disclose in a clear and conspicuous manner to a potential ticket
126	126	purchaser in the ticket listing and before the purchaser selects
127	127	the ticket for purchase:
128	128	(1) the total cost, stated in dollars, of the ticket
129	129	purchase, including all ancillary fees the purchaser must pay to
130	130	complete the purchase; and
131	131	(2) the portion of the total cost, stated in dollars,
132	132	of the ticket purchase that is represented by ancillary fees.
133	133	Sec. 328.104. PROHIBITED CONDUCT. A ticket seller offering
134	134	tickets for sale or resale on a ticket website may not:
135	135	(1) disclose a fee in a manner that is false or
136	136	misleading;
137	137	(2) display an ancillary fee or any component of the
138	138	total price of a ticket purchase more prominently or in the same
139	139	font as or a larger font than the total price of the ticket
140	140	purchase; or
141	141	(3) increase the total cost of a ticket purchase
142	142	during the purchase process after a potential ticket purchaser has
143	143	selected a ticket for purchase, except to charge a reasonable fee
144	144	disclosed before the final purchase of the ticket for the delivery
145	145	of the ticket by a nonelectronic delivery method selected by the
146	146	purchaser.
147	147	Sec. 328.105. OTHER LAWS NOT AFFECTED. This subchapter may
148	148	not be construed to nullify, expand, or otherwise affect any other
149	149	law regarding the sale of a ticket for a concert or other event.
150	150	SECTION 7. This Act takes effect September 1, 2025.