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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions in connection with ticket sales on an |
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Internet website; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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is amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. ONLINE SALE OF EVENT TICKETS |
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Sec. 328.001. DEFINITIONS. In this chapter: |
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(1) "Bot" means any automated software program that |
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performs automatic and repetitive tasks and is designed to |
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impersonate or replicate human activity online. The term does not |
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include autofill or password management features built into an |
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Internet browser or provided through separate software. |
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(2) "Event" means a concert, theatrical performance, |
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sporting event, exhibition, show, or similar scheduled activity |
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that: |
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(A) is open to the public; |
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(B) is held in a public or private venue; and |
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(C) requires payment of an admission fee to |
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attend the activity. |
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(3) "Ticket" means a physical or electronic |
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certificate, voucher, document, token, or other evidence of a right |
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for admission to enter a place of entertainment for one or more |
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events at one or more specified dates and times. |
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Sec. 328.002. PROHIBITION ON USE OR CREATION OF BOTS TO |
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ENGAGE IN CERTAIN ONLINE TICKET ACTIVITY. A person may not use or |
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create a bot to: |
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(1) purchase tickets in excess of posted limits for an |
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online ticket sale; |
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(2) use multiple Internet Protocol (IP) addresses, |
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multiple purchaser accounts, or multiple e-mail addresses to |
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purchase tickets in excess of posted limits for an online ticket |
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sale; |
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(3) circumvent or disable an electronic queue, waiting |
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period, presale code, or other sales volume limitation system |
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associated with an online ticket sale; or |
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(4) circumvent or disable a security measure, access |
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control system, or other control or measure that is used to |
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facilitate authorized entry to an event. |
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Sec. 328.003. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION; |
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CIVIL PENALTY. (a) The attorney general may investigate a claim |
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that a person violated this chapter. |
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(b) If the attorney general concludes that a person is |
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violating this chapter, the attorney general may bring an action in |
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the name of the state to restrain or enjoin the person from |
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violating this chapter. |
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(c) In addition to bringing an action for injunctive relief |
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under this chapter, the attorney general may seek restitution and |
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petition a district court for the assessment of a civil penalty as |
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provided by this section. |
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(d) A person who knowingly violates Section 328.002 is |
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liable for a civil penalty of not more than $10,000 for each |
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violation. |
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(e) Every ticket transaction in which a ticket is acquired |
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to be sold in violation of Section 328.002 constitutes a separate |
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violation for purposes of assessing a civil penalty. |
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(f) The civil penalty for a violation of a court order or |
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injunction issued to enforce this section may not exceed $100,000. |
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(g) The attorney general may recover all reasonable costs of |
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bringing an action under this section, including court costs, |
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reasonable attorney's fees, and investigation costs. |
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SECTION 2. Section 328.002, Business & Commerce Code, as |
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added by this Act, applies only to a purchase that occurs on or |
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after the effective date of this Act, regardless of whether a ticket |
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for an event was issued before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |