By: Brown, Wentworth S.B. No. 325
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of an offense involving certain sales of
1-2 tickets to certain events; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 35, Business & Commerce
1-5 Code, is amended by adding Section 35.49 to read as follows:
1-6 Sec. 35.49. TICKET SCALPING. (a) In this section:
1-7 (1) "Event" means an event of public entertainment or
1-8 amusement sponsored primarily by a not-for-profit organization, the
1-9 net proceeds of which provide college scholarships and educational
1-10 programs for Texas youth.
1-11 (2) "Event sponsor" means an owner, lessee, operator,
1-12 promoter, or manager of an event or the site of an event.
1-13 (3) "Resell" means to sell a ticket after it has been
1-14 purchased from the event sponsor or from an individual,
1-15 corporation, or association authorized to sell the ticket by the
1-16 event sponsor.
1-17 (4) "Not-for-profit organization" means a corporation,
1-18 association, or business entity which is exempt from federal income
1-19 tax under Section 501(c)(3) of the Internal Revenue Code of 1986.
1-20 (b) This section applies only to:
1-21 (1) tickets for an event that is an agricultural
1-22 exposition or a show occurring at or in connection with an
1-23 agricultural exposition;
1-24 (2) tickets for an event where the primary sponsor is
2-1 a not-for-profit organization; and
2-2 (3) tickets for an event that is held in a county with
2-3 a population of 1 million or more.
2-4 (c) A person may not resell or offer to resell a ticket to
2-5 an event for a price in excess of the price authorized to be
2-6 offered to the general public by the event sponsor.
2-7 (d) A person who violates this section commits an offense.
2-8 An offense under this section is a Class B misdemeanor.
2-9 SECTION 2. This Act takes effect September 1, 1993.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.