Bill Text: TX SB2409 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the Internet domain name used by a website that sells tickets to events.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB2409 Detail]

Download: Texas-2019-SB2409-Enrolled.html

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S.B. No. 2409

AN ACT
relating to the Internet domain name used by a website that sells
tickets to events.
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 327 to read as follows:
CHAPTER 327. INTERNET WEBSITE DOMAIN NAMES FOR TICKET SELLERS
Sec. 327.001. DEFINITIONS. In this chapter:
(1) "Internet domain name" means a globally unique,
hierarchical reference to an Internet host or service that is:
(A) assigned through a centralized Internet
naming authority; and
(B) composed of a series of character strings
separated by periods with the right-most string specifying the top
of the hierarchy.
(2) "Performer" means an individual, team, group, or
other person that entertains an audience.
(3) "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.
(4) "URL" means the uniform resource locator address
for an Internet website that may include the website's Internet
domain name or a subdomain of the Internet domain name.
(5) "Venue" means an arena, stadium, theater, concert
hall, or other place used for events such as exhibitions, sporting
events, concerts, or other live entertainment events.
(6) "Website operator" means a person who owns,
operates, manages, licenses, or controls a ticket website for an
event scheduled at a venue in this state.
Sec. 327.002. TICKET WEBSITE DOMAIN NAME RESTRICTED.
(a) Except as provided by Subsection (b), a website operator may
not intentionally use an Internet domain name, or any subdomain of
the Internet domain name, in a ticket website's URL that contains
any of the following:
(1) the name of:
(A) a performer;
(B) an organization or association that is
associated with a performer, such as a professional sports league;
(C) a venue in this state; or
(D) an exhibition, performance, or other event to
be held at a venue in this state;
(2) a trademark not owned by the website operator,
including a trademark owned by an authorized agent or partner of the
venue or event; or
(3) any name substantially similar to a name described
by Subdivision (1), including a misspelling of the name.
(b) Subsection (a) does not apply to a website operator who
is authorized by a performer, organization, venue, or event's
organizer to use the name or trademark on the performer's,
organization's, venue's, or event's behalf for the purpose of
selling or reselling tickets.
Sec. 327.003. DECEPTIVE TRADE PRACTICE. A violation of
this chapter is a deceptive trade practice under Subchapter E,
Chapter 17, and is actionable under that subchapter.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2409 passed the Senate on
April 23, 2019, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2409 passed the House on
May 22, 2019, by the following vote: Yeas 113, Nays 31, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor