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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions in connection with event ticket sales or |
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resales on an Internet website and with the online sale of goods. |
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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 328 to read as follows: |
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CHAPTER 328. ONLINE SALE OR RESALE OF EVENT TICKETS AND ONLINE SALE |
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OF GOODS |
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Sec. 328.001. DEFINITIONS. In this chapter: |
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(1) "Event" means a concert, theatrical performance, |
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sporting event, exhibition, show, or similar scheduled activity |
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that: |
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(A) is open to the public; |
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(B) is held in a public or private venue; and |
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(C) requires payment of an admission fee to |
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attend the activity. |
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(2) "Event ticket" means a physical or electronic |
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certificate, document, voucher, token, or other evidence of a right |
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to enter an event, an entitlement to purchase a right to enter an |
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event, or a right to occupy a specified seat at an event. |
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(3) "Resale" means any form of transfer of possession |
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or an offer of transfer of possession, including an offer of |
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transfer of the entitlement to possession, of an event ticket, made |
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by any means from a person other than the ticket issuer. |
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(4) "Resale ticket agent" means a person who directly |
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or indirectly makes event tickets available for resale to the |
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public. |
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(5) "Ticket issuer" means a person who directly or |
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indirectly makes event tickets available for sale to the general |
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public. |
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Sec. 328.002. PROHIBITIONS REGARDING ONLINE EVENT TICKET |
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SALES OR RESALES. (a) A person may not sell, use, or cause to be |
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used any method, technology, device, or software in the sale or |
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resale of event tickets on a ticket issuer's or resale ticket |
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agent's Internet website that: |
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(1) functions as a bypass in the ticket purchasing |
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process; |
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(2) disguises the identity of the ticket purchaser; |
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(3) permits the purchase of a quantity of event |
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tickets in a number that exceeds the maximum number of tickets that |
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may be sold to one purchaser as specified by the event owner or |
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operator on the website; or |
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(4) circumvents a security measure, access control |
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system, or other control, authorization, or measure in the ticket |
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purchasing process. |
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(b) A person may not decode, decrypt, modify, or reverse |
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engineer an event ticket or an underlying algorithm or barcode used |
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in the ticket's production or on any Internet website in the sale or |
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resale of the ticket. |
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Sec. 328.003. PROHIBITIONS CONCERNING SALE OF GOODS ONLINE. |
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A person may not sell, use, or cause to be used any method, |
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technology, device, or software in the sale of a good on an Internet |
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website that: |
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(1) functions as a bypass in the purchasing process; |
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(2) disguises the identity of the purchaser; |
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(3) permits the purchase of a quantity of goods in a |
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number that exceeds the maximum number of goods that may be sold to |
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one purchaser as specified by the seller or operator on the website; |
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or |
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(4) circumvents a security measure, access control |
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system, or other control, authorization, or measure in the |
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purchasing process. |
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Sec. 328.004. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION. |
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(a) The attorney general may investigate a claim that a person |
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violated this chapter. |
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(b) If the attorney general believes that a person is |
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violating or about to violate this chapter, the attorney general |
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may bring an action in the name of the state to restrain or enjoin |
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the person from violating this chapter. |
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(c) The attorney general is entitled to recover all |
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reasonable costs of bringing an action under this section, |
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including court costs, reasonable attorney's fees, and |
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investigation costs. |
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SECTION 2. Section 328.002, Business & Commerce Code, as |
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added by this Act, applies to a purchase that occurs on or after the |
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effective date of this Act, regardless of whether any event tickets |
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were issued before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |