By Yarbrough, Talton                                   H.B. No. 109
       74R550 MWV-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of an offense involving certain sales of
    1-3  tickets to certain events; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 35, Business & Commerce
    1-6  Code, is amended by adding Section 35.49 to read as follows:
    1-7        Sec. 35.49.  SCALPING OF TICKETS TO CERTAIN NONPROFIT EVENTS.
    1-8  (a)  In this section:
    1-9              (1)  "Event" means an event of public entertainment or
   1-10  amusement that is sponsored primarily by a not-for-profit
   1-11  organization and the net proceeds of which provide college
   1-12  scholarships and educational programs for Texas youth.
   1-13              (2)  "Event sponsor" means an owner, lessee, operator,
   1-14  promoter, or manager of an event or the site of an event.
   1-15              (3)  "Not-for-profit organization" means a corporation,
   1-16  association, or business entity exempt from federal income tax
   1-17  under Section 501(c)(3) of the Internal Revenue Code of 1986 (26
   1-18  U.S.C. Section 501(c)(3)).
   1-19              (4)  "Resell" means to sell a ticket after it has been
   1-20  purchased from the event sponsor or from a person authorized to
   1-21  sell the ticket by the event sponsor.
   1-22        (b)  A person may not resell or offer to resell, for a price
   1-23  in excess of the price authorized to be offered to the public by
   1-24  the event sponsor, a ticket to an event that is:
    2-1              (1)  closely related to an agricultural purpose or for
    2-2  the express purpose of promoting agriculture; or
    2-3              (2)  closely related to or organized by a
    2-4  not-for-profit organization.
    2-5        (c)  A person who violates this section commits an offense.
    2-6  An offense under this section is a Class B misdemeanor.
    2-7        SECTION 2.  This Act takes effect September 1, 1995.
    2-8        SECTION 3.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.