By: Zaffirini  S.B. No. 1639
         (In the Senate - Filed March 6, 2023; March 16, 2023, read
  first time and referred to Committee on Business & Commerce;
  April 20, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 10, Nays 1; April 20, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1639 By:  Zaffirini
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to prohibitions in connection with ticket sales on an
  Internet website; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 10, Business & Commerce Code,
  is amended by adding Chapter 328 to read as follows:
  CHAPTER 328. ONLINE SALE OF EVENT TICKETS
         Sec. 328.001.  DEFINITIONS. In this chapter:
               (1)  "Bot" means any automated software program that
  performs automatic and repetitive tasks and is designed to
  impersonate or replicate human activity online.
               (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" means a physical or electronic
  certificate, voucher, document, token, or other evidence of a right
  for admission to enter a place of entertainment for one or more
  events at one or more specified dates and times.
         Sec. 328.002.  PROHIBITION ON USE OR CREATION OF BOTS TO
  ENGAGE IN CERTAIN ONLINE TICKET ACTIVITY. A person may not use or
  create a bot to:
               (1)  purchase tickets in excess of posted limits for an
  online ticket sale;
               (2)  use multiple Internet Protocol (IP) addresses,
  multiple purchaser accounts, or multiple e-mail addresses to
  purchase tickets in excess of posted limits for an online ticket
  sale;
               (3)  circumvent or disable an electronic queue, waiting
  period, presale code, or other sales volume limitation system
  associated with an online ticket sale; or
               (4)  circumvent or disable a security measure, access
  control system, or other control or measure that is used to
  facilitate authorized entry to an event.
         Sec. 328.003.  ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION;
  CIVIL PENALTY. (a) The attorney general may investigate a claim
  that a person violated this chapter. 
         (b)  If the attorney general concludes that a person is
  violating or about to violate this chapter, the attorney general
  may bring an action in the name of the state to restrain or enjoin
  the person from violating this chapter. 
         (c)  In addition to bringing an action for injunctive relief
  under this chapter, the attorney general may seek restitution and
  petition a district court for the assessment of a civil penalty as
  provided by this section.
         (d)  A person who knowingly violates Section 328.002 is
  liable for a civil penalty of not more than $10,000 for each
  violation.
         (e)  Every ticket transaction in which a ticket is acquired
  to be sold in violation of Section 328.002 constitutes a separate
  violation for purposes of assessing a civil penalty.
         (f)  The civil penalty for a violation of a court order or
  injunction issued to enforce this section may not exceed $100,000.
         (g)  The attorney general may recover all reasonable costs of
  bringing an action under this section, including court costs,
  reasonable attorney's fees, and investigation costs.
         SECTION 2.  Section 328.002, Business & Commerce Code, as
  added by this Act, applies only to a purchase that occurs on or
  after the effective date of this Act, regardless of whether a ticket
  for an event was issued before that date.
         SECTION 3.  This Act takes effect September 1, 2023.
 
  * * * * *