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A BILL TO BE ENTITLED
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AN ACT
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relating to certain disclosures and other requirements relating to |
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the sale of concert and other event tickets. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. SALE OF EVENT TICKETS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Ancillary fee" includes a service charge, |
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surcharge, or any other fee charged in connection with the sale of |
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an event ticket. |
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(2) "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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(3) "Ticket seller" means a person that sells or |
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resells tickets for a concert or other event, including the |
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operator of a ticket website or the operator's agent. |
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(4) "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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(5) "Venue" means an arena, stadium, theater, concert |
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hall, or other place used for events. |
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Sec. 205.002. APPLICABILITY. This chapter applies only to |
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the sale or resale of a ticket for a concert or other event in this |
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state. |
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Sec. 205.003. DISCLOSURE OF ANCILLARY FEES. A ticket |
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seller offering tickets for sale or resale on a ticket website |
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shall: |
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(1) disclose in a clear and conspicuous manner to a |
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potential ticket purchaser before the purchaser selects the ticket |
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for purchase: |
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(A) the total cost of the ticket purchase, |
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including all ancillary fees; and |
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(B) the portion of the total cost, stated in |
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dollars, of the ticket purchase that is represented by ancillary |
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fees; and |
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(2) post on the ticket website in a location easily |
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accessible by a ticket purchaser or a potential ticket purchaser |
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each ancillary fee that may be charged. |
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Sec. 205.004. PROHIBITED CONDUCT. A ticket seller may not: |
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(1) disclose a fee in a manner that is false or |
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misleading; |
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(2) display an ancillary fee or any component of the |
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total price of a ticket purchase more prominently or in the same |
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font as or a larger font than the total price of the ticket |
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purchase; or |
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(3) increase the total cost of a ticket purchase |
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during the purchase process, except to charge a reasonable fee |
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disclosed before the final purchase of the ticket for the delivery |
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of the ticket by a nonelectronic delivery method selected by the |
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ticket purchaser. |
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Sec. 205.005. OTHER LAWS NOT AFFECTED. This chapter may not |
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be construed to nullify, expand, or otherwise affect any other law |
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regarding the sale of a ticket for a concert or other event. |
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SECTION 2. This Act takes effect September 1, 2023. |