By Henderson                                           S.B. No. 495
       74R4848 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of an offense involving sales of tickets
    1-3  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.  TICKET SCALPING.  (a)  In this section:
    1-8              (1)  "Event" means an event of public entertainment or
    1-9  amusement.
   1-10              (2)  "Event sponsor" means an owner, lessee, operator,
   1-11  promoter, or manager of an event or the site of an event.
   1-12              (3)  "Nonprofit organization" means an organization
   1-13  described by Section 501(c)(3), Internal Revenue Code of 1986 (26
   1-14  U.S.C. Section 501(c)(3)).
   1-15              (4)  "Resell" means to sell a ticket after it has been
   1-16  purchased from the event sponsor or from an individual,
   1-17  corporation, or association authorized to sell the ticket by the
   1-18  event sponsor.
   1-19        (b)  This section applies to an event only if:
   1-20              (1)  it is held in a county with a population of 2.4
   1-21  million or more;
   1-22              (2)  it is an agricultural exposition or a show
   1-23  occurring at or in connection with an agricultural exposition;
   1-24              (3)  the primary event sponsor is a nonprofit
    2-1  organization; and
    2-2              (4)  the net proceeds are used to provide scholarships
    2-3  and educational programs for youths in the state.
    2-4        (c)  A person may not resell or offer to resell a ticket to
    2-5  an event to which this section applies for a price in excess of the
    2-6  price authorized to be offered to the general public by the event
    2-7  sponsor.
    2-8        (d)  A person who violates this section commits an offense.
    2-9  An offense under this section is a Class B misdemeanor.
   2-10        SECTION 2.  This Act takes effect September 1, 1995.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency   and   an   imperative   public   necessity   that   the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.