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.