Bill Text: TX HB4084 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to certain disclosures and other requirements relating to the sale of concert and other event tickets.
Spectrum: Moderate Partisan Bill (Republican 23-6)
Status: (Engrossed - Dead) 2023-05-16 - Left pending in committee [HB4084 Detail]
Download: Texas-2023-HB4084-Engrossed.html
| 88R22228 JES-D | ||
| By: Frazier, Thimesch, Plesa, Guerra, et al. | H.B. No. 4084 | |
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| relating to certain disclosures and other requirements relating to | ||
| the sale of concert and other event tickets. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 6, Business & Commerce Code, is amended by | ||
| adding Chapter 205 to read as follows: | ||
| CHAPTER 205. SALE OF EVENT TICKETS | ||
| Sec. 205.001. DEFINITIONS. In this chapter: | ||
| (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) "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 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. | ||
| (4) "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. | ||
| (5) "Venue" means an arena, stadium, theater, concert | ||
| hall, or other place used for events. | ||
| Sec. 205.002. APPLICABILITY. (a) This chapter 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 chapter 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. 205.003. 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. 205.004. PROHIBITED CONDUCT. A ticket seller 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. 205.005. OTHER LAWS NOT AFFECTED. This chapter 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 2. This Act takes effect September 1, 2023. | ||
