SB1622 - Relating to certain disclosures and other requirements relating to the online sale of concert and other event tickets.

  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.