1-1 By: Brown S.B. No. 710 1-2 (In the Senate - Filed February 24, 1997; February 26, 1997, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 April 9, 1997, reported favorably by the following vote: Yeas 7, 1-5 Nays 0; April 9, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation of an offense involving certain sales of 1-9 tickets 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 sponsored primarily by a nonprofit organization, the net 1-16 proceeds of which are used to provide college scholarships and 1-17 educational programs for Texas youth. 1-18 (2) "Event sponsor" means an owner, lessee, operator, 1-19 promoter, or manager of: 1-20 (A) an event; or 1-21 (B) the site of an event. 1-22 (3) "Nonprofit organization" means a corporation, 1-23 association, or business entity that is exempt from federal income 1-24 tax under Section 501(a), Internal Revenue Code of 1986 (26 U.S.C. 1-25 Section 501(a)), as an organization described by Section 501(c)(3), 1-26 Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)). 1-27 (4) "Resell" means to sell a ticket after it has been 1-28 purchased from the event sponsor or from an individual, 1-29 corporation, or association authorized to sell the ticket by the 1-30 event sponsor. 1-31 (b) This section applies only to: 1-32 (1) a ticket for an event that is an agricultural 1-33 exposition or a show occurring at or in connection with an 1-34 agricultural exposition; 1-35 (2) a ticket for an event the primary event sponsor of 1-36 which is a nonprofit organization; and 1-37 (3) a ticket for an event that is held in a county 1-38 with a population of one million or more. 1-39 (c) A person may not resell or offer to resell a ticket to 1-40 an event for a price in excess of the price authorized to be 1-41 offered to the public by the event sponsor. 1-42 (d) A person who violates this section commits an offense. 1-43 An offense under this section is a Class B misdemeanor. 1-44 SECTION 2. This Act takes effect September 1, 1997. 1-45 SECTION 3. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended. 1-50 * * * * *