By: Brown S.B. No. 710
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of an offense involving certain sales of
1-2 tickets to certain events; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 35, Business & Commerce
1-5 Code, is amended by adding Section 35.49 to read as follows:
1-6 Sec. 35.49. TICKET SCALPING. (a) In this section:
1-7 (1) "Event" means an event of public entertainment or
1-8 amusement sponsored primarily by a nonprofit organization, the net
1-9 proceeds of which are used to provide college scholarships and
1-10 educational programs for Texas youth.
1-11 (2) "Event sponsor" means an owner, lessee, operator,
1-12 promoter, or manager of:
1-13 (A) an event; or
1-14 (B) the site of an event.
1-15 (3) "Nonprofit organization" means a corporation,
1-16 association, or business entity that is exempt from federal income
1-17 tax under Section 501(a), Internal Revenue Code of 1986 (26 U.S.C.
1-18 Section 501(a)), as an organization described by Section 501(c)(3),
1-19 Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)).
1-20 (4) "Resell" means to sell a ticket after it has been
1-21 purchased from the event sponsor or from an individual,
1-22 corporation, or association authorized to sell the ticket by the
1-23 event sponsor.
2-1 (b) This section applies only to:
2-2 (1) a ticket for an event that is an agricultural
2-3 exposition or a show occurring at or in connection with an
2-4 agricultural exposition;
2-5 (2) a ticket for an event the primary event sponsor of
2-6 which is a nonprofit organization; and
2-7 (3) a ticket for an event that is held in a county
2-8 with a population of one million or more.
2-9 (c) A person may not resell or offer to resell a ticket to
2-10 an event for a price in excess of the price authorized to be
2-11 offered to the public by the event sponsor.
2-12 (d) A person who violates this section commits an offense.
2-13 An offense under this section is a Class B misdemeanor.
2-14 SECTION 2. This Act takes effect September 1, 1997.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.