By: Dutton H.B. No. 511
73R2348 CAE-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure of information about certain musical
1-3 performances; providing civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 35, Business & Commerce
1-6 Code, is amended by adding Section 35.97 to read as follows:
1-7 Sec. 35.97. DISCLOSURES FOR MUSICAL PERFORMANCES. (a) In
1-8 this section:
1-9 (1) "Musical performance" means a public, vocal music
1-10 presentation, including a show or concert, for which an admittance
1-11 fee is charged.
1-12 (2) "Place of musical entertainment" means a private
1-13 or public entertainment facility, including a theater, stadium, or
1-14 arena, where a musical performance is held.
1-15 (3) "Promoter" means a person who produces, arranges,
1-16 or stages a musical performance.
1-17 (4) "Ticket" means a piece of paper or other evidence
1-18 indicating that the holder has paid for entry to a musical
1-19 performance.
1-20 (5) "Ticket agent" means a person who is in the
1-21 business of selling or reselling tickets and who charges an amount
1-22 in excess of the price, plus taxes, printed on the ticket.
1-23 (b) If in a musical performance the lead vocal or a part of
1-24 the lead vocal is produced from a recording rather than by the
2-1 vocalist's singing at the time of the performance, the promoter,
2-2 before the first sale of a ticket to the performance, shall give
2-3 written notice of that fact to:
2-4 (1) the operator of the place of musical entertainment
2-5 where the musical performance is to be held; and
2-6 (2) each ticket agent who receives for sale or resale
2-7 tickets for the musical performance.
2-8 (c) The operator of a place of musical entertainment who
2-9 receives notice for a musical performance under Subsection (b) of
2-10 this section shall:
2-11 (1) print, in a prominent and conspicuous manner, on
2-12 each ticket and advertisement for the performance the appropriate
2-13 following statement:
2-14 (A) "THE VOCALS OF (insert the name of the lead
2-15 vocalist or musical group) ARE PRERECORDED"; or
2-16 (B) "A PORTION OF THE VOCALS OF (insert the name
2-17 of the lead vocalist or musical group) ARE PRERECORDED"; and
2-18 (2) make the appropriate following statement in each
2-19 radio, television, or other telecommunications advertisement for
2-20 the performance:
2-21 (A) "THE LEAD VOCALS IN THIS MUSICAL PERFORMANCE
2-22 ARE PRERECORDED AND WILL NOT ACTUALLY BE SUNG BY (insert the name
2-23 of the lead vocalist or musical group) DURING THIS SHOW"; or
2-24 (B) "PORTIONS OF THE LEAD VOCALS IN THIS MUSICAL
2-25 PERFORMANCE ARE PRERECORDED AND WILL NOT ACTUALLY BE SUNG BY
2-26 (insert the name of the lead vocalist or musical group) DURING THIS
2-27 SHOW."
3-1 (d) A ticket agent who receives notice for a musical
3-2 performance under Subsection (b) of this section shall:
3-3 (1) display in a prominent and conspicuous manner in a
3-4 location immediately adjacent to the booth, counter, or window at
3-5 which the tickets to that performance are sold the appropriate
3-6 following statement:
3-7 (A) "THE LEAD VOCALS IN (insert the name of the
3-8 musical performance) ARE PRERECORDED AND WILL NOT ACTUALLY BE SUNG
3-9 BY (insert the name of the lead vocalist or musical group) DURING
3-10 THIS SHOW"; or
3-11 (B) "PORTIONS OF THE LEAD VOCALS IN (insert the
3-12 name of the musical performance) ARE PRERECORDED AND WILL NOT
3-13 ACTUALLY BE SUNG BY (insert the name of the lead vocalist or
3-14 musical group) DURING THIS SHOW"; and
3-15 (2) make the appropriate following statement before
3-16 the completion of a telephone sales transaction involving the sale
3-17 or resale of a ticket to the performance:
3-18 (A) "THE LEAD VOCALS IN (insert the name of the
3-19 musical performance) ARE PRERECORDED AND WILL NOT ACTUALLY BE SUNG
3-20 BY (insert the name of the lead vocalist or musical group) DURING
3-21 THIS SHOW"; or
3-22 (B) "PORTIONS OF THE LEAD VOCALS IN (insert the
3-23 name of the musical performance) ARE PRERECORDED AND WILL NOT
3-24 ACTUALLY BE SUNG BY (insert the name of the lead vocalist or
3-25 musical group) DURING THIS SHOW."
3-26 (e) A promoter who knowingly violates Subsection (b) of this
3-27 section or the operator of a place of musical entertainment who
4-1 knowingly violates Subsection (c) of this section is liable for a
4-2 civil penalty of not less than $10,000 or more than $50,000 for
4-3 each musical performance for which the violation occurs.
4-4 (f) A ticket agent who knowingly violates Subsection (d) of
4-5 this section is liable for a civil penalty of not less than $1,500
4-6 or more than $5,000 for each musical performance for which the
4-7 violation occurs.
4-8 (g) The attorney general may sue to collect a penalty
4-9 provided by Subsections (e) and (f) of this section.
4-10 SECTION 2. This Act takes effect September 1, 1993, and
4-11 applies only to a musical performance occurring on or after January
4-12 1, 1994.
4-13 SECTION 3. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.