BILL ANALYSIS


                                                     C.S.S.B. 305
                                                        By: Brown
                                             Economic Development
                                                          3-22-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, state law does not prohibit the sale of tickets to a
public entertainment or amusement event for a price in excess of
the ticket's face value. However, in 1989, the City of Dallas
passed an ordinance which makes the "scalping" of tickets on public
property illegal. Other cities have passed similar ordinances, but
most of them are unenforced.

The demand for event tickets has spurred a growing ticket
"scalping" industry. Some "scalpers" sell invalid or nonsequential
tickets and often sell tickets at prices in excess of face value.
This practice may make it difficult for patrons to purchase event
tickets. Complaints from fans and patrons have resulted in some
arena officials seeking assistance from local police forces.

PURPOSE

As proposed, C.S.S.B. 305 prohibits a person from reselling or
offering to resell a ticket to an event for a price in excess of
the price authorized to be offered to the general public by the
event sponsor and provides penalties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 35D, Business & Commerce Code, by adding
Section 35.49, as follows:

     Sec. 35.49. TICKET SCALPING. (a) Defines "event," "event
     sponsor," "nonprofit organization" and "resell."
     
     (b) Sets forth tickets to which this section applies.
       
       (c) Prohibits a person from reselling or offering to resell
       a ticket to an event for a price in excess of the price
       authorized to be offered to the general public by the event
       sponsor.
       
       (d) Provides that a person who violates this section commits
       a Class B misdemeanor.
       
       SECTION 2.   Effective date: September 1, 1995.

SECTION 3. Emergency clause.