88R8661 JES-D
 
  By: Frazier H.B. No. 4084
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
               (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.  This chapter applies only to
  the sale or resale of a ticket for a concert or other event in this
  state.
         Sec. 205.003.  DISCLOSURE OF ANCILLARY FEES.  A ticket
  seller offering tickets for sale or resale on a ticket website
  shall:
               (1)  disclose in a clear and conspicuous manner to a
  potential ticket purchaser before the purchaser selects the ticket
  for purchase:
                     (A)  the total cost of the ticket purchase,
  including all ancillary fees; and
                     (B)  the portion of the total cost, stated in
  dollars, of the ticket purchase that is represented by ancillary
  fees; and
               (2)  post on the ticket website in a location easily
  accessible by a ticket purchaser or a potential ticket purchaser
  each ancillary fee that may be charged.
         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, 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
  ticket 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.