By Brown S.B. No. 710
75R2497 BEM-D
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. TICKET SCALPING. (a) In this section:
1-8 (1) "Event" means an event of public entertainment or
1-9 amusement sponsored primarily by a nonprofit organization, the net
1-10 proceeds of which are used to provide college scholarships and
1-11 educational programs for Texas youth.
1-12 (2) "Event sponsor" means an owner, lessee, operator,
1-13 promoter, or manager of:
1-14 (A) an event; or
1-15 (B) the site of an event.
1-16 (3) "Nonprofit organization" means a corporation,
1-17 association, or business entity that is exempt from federal income
1-18 tax under Section 501(a) of the Internal Revenue Code of 1986 as an
1-19 organization described by Section 501(c)(3) of that code.
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.
1-24 (b) This section applies only to:
2-1 (1) a ticket for an event that is an agricultural
2-2 exposition or a show occurring at or in connection with an
2-3 agricultural exposition;
2-4 (2) a ticket for an event the primary event sponsor of
2-5 which is a nonprofit organization; and
2-6 (3) a ticket for an event that is held in a county
2-7 with a population of one million or more.
2-8 (c) A person may not resell or offer to resell a ticket to
2-9 an event for a price in excess of the price authorized to be
2-10 offered to the public by the event sponsor.
2-11 (d) A person who violates this section commits an offense.
2-12 An offense under this section is a Class B misdemeanor.
2-13 SECTION 2. This Act takes effect September 1, 1997.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.