By: Denton H.B. No. 668 73R2416 LJD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of certain persons who resell tickets; 1-3 providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Commission" means the Texas Commission of 1-7 Licensing and Regulation. 1-8 (2) "Commissioner" means the commissioner of licensing 1-9 and regulation. 1-10 (3) "Department" means the Texas Department of 1-11 Licensing and Regulation. 1-12 (4) "Event" means an event of public entertainment or 1-13 amusement, including athletic contests. 1-14 (5) "Event sponsor" means an owner, lessee, operator, 1-15 promoter, or manager of an event or the site of an event. 1-16 (6) "Person" means an individual, corporation, or 1-17 association. 1-18 (7) "Resell" means to sell a ticket to an event after 1-19 it has been purchased from the event sponsor or from a person 1-20 authorized by the event sponsor to sell the ticket. 1-21 (8) "Ticket reseller" means a person who resells or 1-22 offers to resell a ticket for admission to an event to be held in 1-23 this state for a dollar value that exceeds the retail price 1-24 displayed on the ticket. 2-1 SECTION 2. LICENSE REQUIRED. A person may not operate as a 2-2 ticket reseller in this state unless the person is licensed under 2-3 this Act. 2-4 SECTION 3. DUTIES OF DEPARTMENT AND COMMISSIONER. (a) The 2-5 department shall administer this Act. 2-6 (b) The commissioner shall adopt rules requiring a licensee 2-7 to display a badge or other form of identification while operating 2-8 as a ticket reseller as required by Section 7(b) of this Act. 2-9 SECTION 4. ISSUANCE OF LICENSE. (a) The department shall 2-10 issue a ticket reseller license to an applicant who: 2-11 (1) is at least 18 years of age; 2-12 (2) meets the application requirements prescribed by 2-13 rule; 2-14 (3) pays the application and licensing fees; and 2-15 (4) maintains an established place of business. 2-16 (b) A license issued under this Act is valid throughout this 2-17 state but is not assignable or transferable. 2-18 SECTION 5. LICENSE RENEWAL. (a) A license is valid for one 2-19 year from the date of issuance and may be renewed annually on 2-20 payment of the required renewal fee. 2-21 (b) If a licensee fails to renew a license by the required 2-22 date, the licensee may renew the license before the first 2-23 anniversary of its expiration date by paying the renewal fee and a 2-24 late fee in an amount set by the commission. If the license is not 2-25 renewed before the first anniversary of the expiration date, the 2-26 licensee must satisfy the requirements for an original license to 2-27 reinstate the license. 3-1 SECTION 6. REINSTATEMENT OF LICENSE. A person whose license 3-2 has been revoked may apply for a new license after the expiration 3-3 of one year from the date of the revocation. 3-4 SECTION 7. CRIMINAL OFFENSES; PENALTY. (a) A person 3-5 commits an offense if the person operates as a ticket reseller 3-6 without a license issued under this Act. 3-7 (b) A person commits an offense if the person: 3-8 (1) is a licensed ticket reseller who fails to display 3-9 a licensee badge or other form of identification as required by 3-10 rule adopted under this Act; and 3-11 (2) operates as a ticket reseller at or within 1,000 3-12 yards of: 3-13 (A) the location where the event will be held; 3-14 (B) the place where the tickets to the event are 3-15 sold with the authority of the event sponsor; or 3-16 (C) a parking lot or parking facility owned or 3-17 leased by the event sponsor for use by the persons attending the 3-18 event. 3-19 (c) A person commits an offense if the person, without the 3-20 authorization of the event sponsor, knowingly resells for admission 3-21 to the event tickets in excess of the smaller of: 3-22 (1) 300 tickets; or 3-23 (2) a number of tickets equal to three percent of the 3-24 total number of seats available in the venue where the event is to 3-25 be held. 3-26 (d) An offense under this section is a Class C misdemeanor. 3-27 SECTION 8. EFFECTIVE DATE. This Act takes effect September 4-1 1, 1993. 4-2 SECTION 9. EMERGENCY. The importance of this legislation 4-3 and the crowded condition of the calendars in both houses create an 4-4 emergency and an imperative public necessity that the 4-5 constitutional rule requiring bills to be read on three several 4-6 days in each house be suspended, and this rule is hereby suspended.