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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on event ticket sales. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 13, Occupations Code, is |
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amended by adding Chapter 2158 to read as follows: |
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CHAPTER 2158. SALE AND RESALE OF EVENT TICKETS |
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Sec. 2158.001. 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 general 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 any 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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general 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. 2158.002. RESTRICTIONS. (a) A person may not sell, |
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use, or cause to be used any method, technology, device, or software |
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in the sale or resale of event tickets on a ticket issuer's or |
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resale ticket 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 any event ticket or an underlying algorithm or barcode |
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used in the ticket's production or on any Internet website in the |
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sale or resale of the ticket. |
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Sec. 2158.003. ATTORNEY GENERAL POWERS; CIVIL ACTION. (a) |
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The attorney general may: |
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(1) investigate a claim made by any person that a |
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person violated this chapter; |
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(2) bring an action in district court to enjoin a |
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person from violating this chapter; |
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(3) sue for money damages on behalf of a ticket issuer |
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or resale ticket agent who is a resident of this state and is |
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injured by a violation of this chapter; or |
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(4) recover reasonable expenses incurred in obtaining |
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injunctive or civil relief under this section. |
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(b) If the ticket issuer or resale ticket agent prevails in |
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a suit under this section, the ticket issuer or resale ticket agent |
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may recover court costs, attorney's fees, expenses, and actual |
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damages. |
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SECTION 2. Chapter 2158, Occupations Code, as added by this |
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Act, applies to the purchase of an event ticket for an event subject |
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to that chapter that occurs on or after September 1, 2015, |
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regardless of whether any event tickets were issued before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2015. |