Bill Text: TX SB1639 | 2023-2024 | 88th Legislature | Enrolled

Texas Senate Bill 1639 (Prior Session Legislation)

Bill Title: Relating to prohibitions in connection with ticket sales on an Internet website; providing a civil penalty.

Sponsorship: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2023-05-19 - Effective on 9/1/23 [SB1639 Detail]

Download: Texas-2023-SB1639-Enrolled.html



	S.B. No. 1639




	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. The term does not
	include autofill or password management features built into an
	Internet browser or provided through separate software.
	(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 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.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 1639 passed the Senate on
	April 26, 2023, by the following vote: Yeas 27, Nays 4.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 1639 passed the House on
	May 6, 2023, by the following vote: Yeas 112, Nays 22, two
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor