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.