| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain disclosures and other requirements relating to |
|
|
the sale of concert and other event tickets. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 6, Business & Commerce Code, is amended by |
|
|
adding Chapter 205 to read as follows: |
|
|
CHAPTER 205. SALE OF EVENT TICKETS |
|
|
Sec. 205.001. DEFINITIONS. In this chapter: |
|
|
(1) "Ancillary fee" includes a service charge, |
|
|
surcharge, or any other fee charged in connection with the sale of |
|
|
an event ticket. The term does not include a shipping fee or any |
|
|
applicable local, state, or federal taxes. |
|
|
(2) "Event" means a concert, theatrical performance, |
|
|
sporting event, exhibition, show, or similar scheduled activity |
|
|
that: |
|
|
(A) is open to the public; |
|
|
(B) is held in a public or private venue; and |
|
|
(C) requires payment of an admission fee to |
|
|
attend the activity. |
|
|
(3) "Ticket seller" means a person that sells or |
|
|
resells tickets for a concert or other event, including the |
|
|
operator of a ticket website or the operator's agent. |
|
|
(4) "Ticket website" means an Internet website or |
|
|
mobile application advertising or offering the sale of tickets, or |
|
|
offering tickets for resale, to an event in this state. |
|
|
(5) "Venue" means an arena, stadium, theater, concert |
|
|
hall, or other place used for events. |
|
|
Sec. 205.002. APPLICABILITY. (a) This chapter applies |
|
|
only to the sale or resale of a ticket for a concert or other event |
|
|
that will be held in this state. |
|
|
(b) Notwithstanding Subsection (a), this chapter does not |
|
|
apply to the sale or resale of a ticket by a movie theater, unless |
|
|
the movie theater is hosting a live event. |
|
|
Sec. 205.003. DISCLOSURE OF ANCILLARY FEES. A ticket |
|
|
seller offering tickets for sale or resale on a ticket website shall |
|
|
disclose in a clear and conspicuous manner to a potential ticket |
|
|
purchaser in the ticket listing and before the purchaser selects |
|
|
the ticket for purchase: |
|
|
(1) the total cost, stated in dollars, of the ticket |
|
|
purchase, including all ancillary fees the purchaser must pay to |
|
|
complete the purchase; and |
|
|
(2) the portion of the total cost, stated in dollars, |
|
|
of the ticket purchase that is represented by ancillary fees. |
|
|
Sec. 205.004. PROHIBITED CONDUCT. A ticket seller may not: |
|
|
(1) disclose a fee in a manner that is false or |
|
|
misleading; |
|
|
(2) display an ancillary fee or any component of the |
|
|
total price of a ticket purchase more prominently or in the same |
|
|
font as or a larger font than the total price of the ticket |
|
|
purchase; or |
|
|
(3) increase the total cost of a ticket purchase |
|
|
during the purchase process after a potential ticket purchaser has |
|
|
selected a ticket for purchase, except to charge a reasonable fee |
|
|
disclosed before the final purchase of the ticket for the delivery |
|
|
of the ticket by a nonelectronic delivery method selected by the |
|
|
purchaser. |
|
|
Sec. 205.005. OTHER LAWS NOT AFFECTED. This chapter may not |
|
|
be construed to nullify, expand, or otherwise affect any other law |
|
|
regarding the sale of a ticket for a concert or other event. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |