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A BILL TO BE ENTITLED
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AN ACT
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relating to the Internet domain name used by a website that sells |
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tickets to events. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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is amended by adding Chapter 327 to read as follows: |
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CHAPTER 327. INTERNET WEBSITE DOMAIN NAMES FOR TICKET SELLERS |
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Sec. 327.001. DEFINITIONS. In this chapter: |
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(1) "Internet domain name" means a globally unique, |
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hierarchical reference to an Internet host or service that is: |
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(A) assigned through a centralized Internet |
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naming authority; and |
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(B) composed of a series of character strings |
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separated by periods with the right-most string specifying the top |
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of the hierarchy. |
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(2) "Performer" means an individual, team, group, or |
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other person that entertains an audience. |
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(3) "Ticket website" means an Internet website or |
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mobile application advertising or offering the sale of tickets, or |
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offering tickets for resale, to an event in this state. |
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(4) "URL" means the uniform resource locator address |
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for an Internet website that may include the website's Internet |
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domain name or a subdomain of the Internet domain name. |
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(5) "Venue" means an arena, stadium, theater, concert |
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hall, or other place used for events such as exhibitions, sporting |
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events, concerts, or other live entertainment events. |
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(6) "Website operator" means a person who owns, |
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operates, manages, licenses, or controls a ticket website for an |
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event scheduled at a venue in this state. |
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Sec. 327.002. TICKET WEBSITE DOMAIN NAME RESTRICTED. |
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(a) Except as provided by Subsection (b), a website operator may |
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not intentionally use an Internet domain name, or any subdomain of |
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the Internet domain name, in a ticket website's URL that contains |
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any of the following: |
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(1) the name of: |
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(A) a performer; |
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(B) an organization or association that is |
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associated with a performer, such as a professional sports league; |
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(C) a venue in this state; or |
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(D) an exhibition, performance, or other event to |
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be held at a venue in this state; |
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(2) a trademark not owned by the website operator, |
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including a trademark owned by an authorized agent or partner of the |
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venue or event; or |
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(3) any name substantially similar to a name described |
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by Subdivision (1), including a misspelling of the name. |
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(b) Subsection (a) does not apply to a website operator who |
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is authorized by a performer, organization, venue, or event's |
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organizer to use the name or trademark on the performer's, |
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organization's, venue's, or event's behalf for the purpose of |
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selling or reselling tickets. |
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Sec. 327.003. DECEPTIVE TRADE PRACTICE. A violation of |
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this chapter is a deceptive trade practice under Subchapter E, |
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Chapter 17, and is actionable under that subchapter. |
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SECTION 2. This Act takes effect September 1, 2019. |