By: Madla S.B. No. 463
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of certain persons who resell tickets;
1-2 providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. DEFINITIONS. In this Act:
1-5 (1) "Commission" means the Texas Commission of
1-6 Licensing and Regulation.
1-7 (2) "Commissioner" means the commissioner of licensing
1-8 and regulation.
1-9 (3) "Department" means the Texas Department of
1-10 Licensing and Regulation.
1-11 (4) "Event" means an event of public entertainment or
1-12 amusement, including athletic contests.
1-13 (5) "Event sponsor" means an owner, lessee, operator,
1-14 promoter, or manager of an event or the site of an event.
1-15 (6) "Person" means an individual, corporation, or
1-16 association.
1-17 (7) "Resell" means to sell a ticket to an event after
1-18 it has been purchased from the event sponsor or from a person
1-19 authorized by the event sponsor to sell the ticket.
1-20 (8) "Ticket reseller" means a person who resells or
1-21 offers to resell a ticket for admission to an event to be held in
1-22 this state for a dollar value that exceeds the retail price
1-23 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
3-1 licensee must satisfy the requirements for an original license to
3-2 reinstate the license.
3-3 SECTION 6. REINSTATEMENT OF LICENSE. A person whose license
3-4 has been revoked may apply for a new license after the expiration
3-5 of one year from the date of the revocation.
3-6 SECTION 7. CRIMINAL OFFENSES; PENALTY. (a) A person
3-7 commits an offense if the person operates as a ticket reseller
3-8 without a license issued under this Act.
3-9 (b) A person commits an offense if the person:
3-10 (1) is a licensed ticket reseller who fails to display
3-11 a licensee badge or other form of identification as required by
3-12 rule adopted under this Act; and
3-13 (2) operates as a ticket reseller at or within 1,000
3-14 yards of:
3-15 (A) the location where the event will be held;
3-16 (B) the place where the tickets to the event are
3-17 sold with the authority of the event sponsor; or
3-18 (C) a parking lot or parking facility owned or
3-19 leased by the event sponsor for use by the persons attending the
3-20 event.
3-21 (c) A person commits an offense if the person, without the
3-22 authorization of the event sponsor, knowingly resells for admission
3-23 to the event tickets in excess of the smaller of:
3-24 (1) 300 tickets; or
3-25 (2) a number of tickets equal to three percent of the
4-1 total number of seats available in the venue where the event is to
4-2 be held.
4-3 (d) An offense under this section is a Class C misdemeanor.
4-4 SECTION 8. EFFECTIVE DATE. This Act takes effect September
4-5 1, 1993.
4-6 SECTION 9. EMERGENCY. The importance of this legislation
4-7 and the crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.