BILL ANALYSIS


                                                         S.B. 495
                                                    By: Henderson
                                             Economic Development
                                                         03-22-95
                                     Committee Report (Unamended)
BACKGROUND

The reselling of event tickets for a higher price than is
authorized by the event sponsor by someone other than the event
sponsor is commonly called "scalping."  Currently, there is no
legislation that prevents scalpers from benefitting from the talent
and industry of those who provide entertainment and sponsor events
for public enjoyment.

PURPOSE

As proposed, S.B. 495 creates an offense involving sales of tickets
to certain events and provides a penalty for the offense.

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 and Commerce Code, by
adding Section 35.49, as follows:

     Sec.  35.49.  TICKET SCALPING.  (a) Defines "event," "event
     sponsor," "nonprofit organization," and "resell."
     
     (b) Makes this section applicable to an event only if it is
       held in a county with a population of at least 2.4 million;
       it is an agricultural exposition or a show in connection
       with an agricultural exposition; the primary event sponsor
       is a nonprofit organization; and the net proceeds are used
       to provide scholarships and educational programs for youths
       in the state.
       
       (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.