By Yarbrough H.B. No. 1661 75R7058 BEM-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, 1997. 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.