79R2396 DWS-D

By:  Gallegos                                                     S.B. No. 246



A BILL TO BE ENTITLED

AN ACT

relating to the creation of an offense involving certain sales of 
tickets to events; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.551 to read as follows:
	Sec. 35.551.  TICKET SCALPING. (a)  In this section:                    
		(1)  "Event" means an event of public entertainment or 
amusement.    
		(2)  "Event sponsor" means an owner, lessee, operator, 
promoter, or manager of an event or the site of an event.
		(3)  "Resell" means to sell a ticket after it has been 
purchased from the event sponsor or from an individual, 
corporation, or association authorized to sell the ticket by the 
event sponsor.
	(b)  A person may not resell or offer to resell a ticket to an 
event for a price that is more than the price authorized to be 
offered to the public by the event sponsor unless the person:
		(1)  is in the full-time business of reselling tickets 
to events; and
		(2)  resells the ticket or offers to resell the ticket 
at a permanent location from which the person engages in that 
business.
	(c)  A person who violates this section commits an offense.  
An offense under this section is a Class C misdemeanor.
	SECTION 2.   This Act takes effect September 1, 2005.