ticket sellers must show the full price up front

The text as introduced · 1,285 words

89R5342 SCR-D

By: Zaffirini
S.B. No. 1622

A BILL TO BE ENTITLED

AN ACT

relating to certain disclosures and other requirements relating to

the online sale of concert and other event tickets.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 328, Business & Commerce Code, as added

by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular

Session, 2023, is amended by designating Section 328.001 as

Subchapter A and adding a subchapter heading to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 2. Section 328.001, Business & Commerce Code, as

added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,

Regular Session, 2023, is amended to read as follows:

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.

(2) "Venue" means an arena, stadium, theater, concert

hall, or other place used for events.

[ (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. ]

SECTION 3. Chapter 328, Business & Commerce Code, as added

by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular

Session, 2023, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. USE OR CREATION OF BOTS PROHIBITED

Sec. 328.051. DEFINITIONS. In this subchapter:

(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) "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.

SECTION 4. Section 328.002, Business & Commerce Code, as

added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,

Regular Session, 2023, is transferred to Subchapter B, Chapter 328,

Business & Commerce Code, as added by this Act, and redesignated as

Section 328.052, Business & Commerce Code, to read as follows:

Sec. 328.052 [ 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.

SECTION 5. Section 328.003, Business & Commerce Code, as

added by Chapter 96 (S.B. 1639), Acts of the 88th Legislature,

Regular Session, 2023, is transferred to Subchapter B, Chapter 328,

Business & Commerce Code, as added by this Act, redesignated as

Section 328.053, Business & Commerce Code, and amended to read as

follows:

Sec. 328.053 [ 328.003 ]. ENFORCEMENT BY ATTORNEY GENERAL;

INJUNCTION; CIVIL PENALTY. (a) The attorney general may

investigate a claim that a person violated this subchapter

[ chapter ].

(b) If the attorney general concludes that a person is

violating this subchapter [ chapter ], the attorney general may bring

an action in the name of the state to restrain or enjoin the person

from violating this subchapter [ chapter ].

(c) In addition to bringing an action for injunctive relief

under this subchapter [ 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 328.052

[ 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 328.052 [ 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 6. Chapter 328, Business & Commerce Code, as added

by Chapter 96 (S.B. 1639), Acts of the 88th Legislature, Regular

Session, 2023, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. ANCILLARY FEES AND OTHER FEES AND CHARGES

Sec. 328.101. DEFINITIONS. In this subchapter:

(1) "Ancillary fee" includes a service charge,

surcharge, or any other fee charged in connection with the sale of

an event ticket. The term does not include a shipping fee or any

applicable local, state, or federal taxes.

(2) "Ticket seller" means a person that sells or

resells tickets for a concert or other event, including the

operator of a ticket website or the operator's agent.

(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.

Sec. 328.102. APPLICABILITY. (a) This subchapter applies

only to the sale or resale of a ticket for a concert or other event

that will be held in this state.

(b) Notwithstanding Subsection (a), this subchapter does

not apply to the sale or resale of a ticket by a movie theater,

unless the movie theater is hosting a live event.

Sec. 328.103. DISCLOSURE OF ANCILLARY FEES. A ticket

seller offering tickets for sale or resale on a ticket website shall

disclose in a clear and conspicuous manner to a potential ticket

purchaser in the ticket listing and before the purchaser selects

the ticket for purchase:

(1) the total cost, stated in dollars, of the ticket

purchase, including all ancillary fees the purchaser must pay to

complete the purchase; and

(2) the portion of the total cost, stated in dollars,

of the ticket purchase that is represented by ancillary fees.

Sec. 328.104. PROHIBITED CONDUCT. A ticket seller offering

tickets for sale or resale on a ticket website may not:

(1) disclose a fee in a manner that is false or

misleading;

(2) display an ancillary fee or any component of the

total price of a ticket purchase more prominently or in the same

font as or a larger font than the total price of the ticket

purchase; or

(3) increase the total cost of a ticket purchase

during the purchase process after a potential ticket purchaser has

selected a ticket for purchase, except to charge a reasonable fee

disclosed before the final purchase of the ticket for the delivery

of the ticket by a nonelectronic delivery method selected by the

purchaser.

Sec. 328.105. OTHER LAWS NOT AFFECTED. This subchapter may

not be construed to nullify, expand, or otherwise affect any other

law regarding the sale of a ticket for a concert or other event.

SECTION 7. This Act takes effect September 1, 2025.