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AN ACT
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relating to the advertising, promoting, and conducting of certain |
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live musical performances; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Business & Commerce Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. PROTECTION FROM MISLEADING OR DECEPTIVE LIVE MUSICAL |
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PERFORMANCES |
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Sec. 17.901. DEFINITIONS. In this subchapter: |
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(1) "Performing musical group" means a vocal or |
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instrumental group seeking to engage in a live musical performance. |
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(2) "Recording group" means a vocal or instrumental |
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group of which one or more members: |
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(A) has released a sound recording under that |
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group's name for commercial purposes; and |
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(B) has a legal right to use or operate under the |
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group's name without abandoning the name or affiliation with the |
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group. |
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(3) "Sound recording" means musical, spoken, or other |
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sounds recorded on a tangible medium, including a disc, tape, or |
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phonograph record. |
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Sec. 17.902. UNAUTHORIZED ADVERTISEMENT, PROMOTION, OR |
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CONDUCTION OF CERTAIN LIVE MUSICAL PERFORMANCES. A person may not |
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advertise, promote, or conduct a live musical performance in this |
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state through the use of a false, deceptive, or misleading |
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affiliation, connection, or association between a recording group |
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and a performing musical group. An act is not considered a violation |
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of this section if: |
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(1) the performing musical group is the authorized |
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registrant and owner of a federal service mark for the recording |
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group that is registered in the United States Patent and Trademark |
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Office; |
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(2) at least one member of the performing musical |
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group is or was a member of the recording group and that member has a |
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legal right to use or operate under the name of the recording group |
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without abandoning the name or affiliation with the recording |
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group; |
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(3) the live musical performance is identified in all |
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advertisements or other promotions for the event as being conducted |
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as a "salute" or "tribute" to the recording group; |
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(4) the advertisement or promotion relates to a live |
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musical performance that is to take place outside of this state; or |
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(5) the live musical performance is expressly |
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authorized by each member of the recording group. |
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Sec. 17.903. INJUNCTION; RESTITUTION. (a) If the attorney |
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general has reason to believe that a person is engaging in, has |
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engaged in, or is about to engage in an act or practice that |
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violates Section 17.902, and that proceedings would be in the |
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public interest, the attorney general may bring an action in the |
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name of the state against the person to restrain that act or |
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practice by temporary or permanent injunction. |
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(b) The prosecuting attorney in the county in which a |
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violation of Section 17.902 occurs, with prior written notice to |
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the attorney general, may institute and prosecute an action seeking |
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injunctive relief under this section. The prosecuting attorney |
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shall make a full report to the attorney general regarding any |
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action prosecuted by the prosecuting attorney under this |
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subsection. The report must include a statement regarding the |
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final disposition of the matter. |
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(c) When a court issues a permanent injunction to restrain |
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and prevent a violation of Section 17.902, the court may make |
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additional orders or judgments as necessary to restore money or |
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other property that may have been acquired because of a violation of |
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this subchapter. |
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Sec. 17.904. CIVIL PENALTY. (a) A person who violates |
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Section 17.902 is liable to the state for a civil penalty of not |
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less than $5,000 or more than $15,000 for each violation. Each |
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performance that violates Section 17.902 constitutes a separate |
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violation. |
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(b) The attorney general or the prosecuting attorney in the |
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county in which a violation occurs may bring suit to recover the |
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civil penalty imposed under Subsection (a). |
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(c) The civil penalty provided by this section is in |
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addition to injunctive relief or any other remedy that may be |
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granted under Section 17.903. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 54 was passed by the House on April 5, |
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2007, by the following vote: Yeas 135, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 54 was passed by the Senate on May 18, |
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2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |