1-1  By:  Henderson                                         S.B. No. 495
    1-2        (In the Senate - Filed February 7, 1995; February 8, 1995,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  March 21, 1995, reported favorably by the following vote:  Yeas 10,
    1-5  Nays 0; March 21, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the creation of an offense involving sales of tickets
    1-9  to certain events; providing a penalty.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subchapter D, Chapter 35, Business & Commerce
   1-12  Code, is amended by adding Section 35.49 to read as follows:
   1-13        Sec. 35.49.  TICKET SCALPING.  (a)  In this section:
   1-14              (1)  "Event" means an event of public entertainment or
   1-15  amusement.
   1-16              (2)  "Event sponsor" means an owner, lessee, operator,
   1-17  promoter, or manager of an event or the site of an event.
   1-18              (3)  "Nonprofit organization" means an organization
   1-19  described by Section 501(c)(3), Internal Revenue Code of 1986 (26
   1-20  U.S.C. Section 501(c)(3)).
   1-21              (4)  "Resell" means to sell a ticket after it has been
   1-22  purchased from the event sponsor or from an individual,
   1-23  corporation, or association authorized to sell the ticket by the
   1-24  event sponsor.
   1-25        (b)  This section applies to an event only if:
   1-26              (1)  it is held in a county with a population of 2.4
   1-27  million or more;
   1-28              (2)  it is an agricultural exposition or a show
   1-29  occurring at or in connection with an agricultural exposition;
   1-30              (3)  the primary event sponsor is a nonprofit
   1-31  organization; and
   1-32              (4)  the net proceeds are used to provide scholarships
   1-33  and educational programs for youths in the state.
   1-34        (c)  A person may not resell or offer to resell a ticket to
   1-35  an event to which this section applies for a price in excess of the
   1-36  price authorized to be offered to the general public by the event
   1-37  sponsor.
   1-38        (d)  A person who violates this section commits an offense.
   1-39  An offense under this section is a Class B misdemeanor.
   1-40        SECTION 2.  This Act takes effect September 1, 1995.
   1-41        SECTION 3.  The importance of this legislation and the
   1-42  crowded condition of the calendars in both houses create an
   1-43  emergency and an imperative public necessity that the
   1-44  constitutional rule requiring bills to be read on three several
   1-45  days in each house be suspended, and this rule is hereby suspended.
   1-46                               * * * * *