Texas 2011 - 82nd Regular

Texas House Bill HB1052 Compare Versions

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1	1	82R11468 JE-D
2	2	By: Patrick H.B. No. 1052
3	3	Substitute the following for H.B. No. 1052:
4	4	By: Eissler C.S.H.B. No. 1052
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to criminal background checks on users of online dating
10	10	services and to disclosures of online dating safety measures;
11	11	providing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
14	14	amended by adding Chapter 106 to read as follows:
15	15	CHAPTER 106. INTERNET DATING SAFETY ACT
16	16	Sec. 106.001. DEFINITIONS. In this chapter:
17	17	(1) "Member" means a person who submits to an online
18	18	dating service provider the information required by the provider to
19	19	access the provider's service for the purpose of engaging in dating
20	20	or participating in a compatibility evaluation with other persons.
21	21	(2) "Online dating service provider" means a person
22	22	engaged in the business of offering or providing to its members
23	23	access to dating or compatibility evaluations between persons
24	24	through the Internet to arrange or facilitate the social
25	25	introduction of two or more persons for the purpose of promoting the
26	26	meeting of individuals.
27	27	(3) "Texas member" means a member who provides a
28	28	billing address or zip code in this state when registering with the
29	29	online dating service provider.
30	30	Sec. 106.002. APPLICABILITY OF CHAPTER. This chapter does
31	31	not apply to an Internet service provider serving as an
32	32	intermediary for the transmission of electronic messages between
33	33	members of an online dating service provider.
34	34	Sec. 106.003. CONDUCT OF CRIMINAL BACKGROUND CHECK. (a)
35	35	For purposes of this chapter, an online dating service provider
36	36	conducts a criminal background check on a person if the provider
37	37	initiates a name search for the person's convictions for any:
38	38	(1) felony offense;
39	39	(2) offense the conviction or adjudication of which
40	40	requires registration as a sex offender under Chapter 62, Code of
41	41	Criminal Procedure; and
42	42	(3) offense for which an affirmative finding of family
43	43	violence was made under Article 42.013, Code of Criminal Procedure.
44	44	(b) The name search described by Subsection (a) must be
45	45	conducted by searching:
46	46	(1) available and regularly updated government public
47	47	record databases for criminal conviction records described by
48	48	Subsections (a)(1)-(3) that in the aggregate provide substantially
49	49	national coverage of those records; or
50	50	(2) regularly updated databases that contain at least
51	51	the same or substantially similar coverage as would be accessible
52	52	through searching databases described by Subdivision (1).
53	53	Sec. 106.004. DISCLOSURE BY PROVIDER THAT DOES NOT CONDUCT
54	54	CRIMINAL BACKGROUND CHECK. (a) An online dating service provider
55	55	that offers services to residents of this state and does not conduct
56	56	a criminal background check on each member before permitting a
57	57	Texas member to communicate through the provider with another
58	58	member shall clearly and conspicuously disclose to all Texas
59	59	members that the provider does not conduct criminal background
60	60	checks, as described by Section 106.003.
61	61	(b) The disclosure required by this section must be stated
62	62	in bold, capital letters, in at least 12-point type on the online
63	63	dating service provider's Internet website.
64	64	Sec. 106.005. DISCLOSURES BY PROVIDER THAT CONDUCTS
65	65	CRIMINAL BACKGROUND CHECKS. (a) An online dating service provider
66	66	that offers services to residents of this state and conducts a
67	67	criminal background check on each member before permitting a Texas
68	68	member to communicate through the provider with another member
69	69	shall clearly and conspicuously disclose to all Texas members that
70	70	the provider conducts a criminal background check, as described by
71	71	Section 106.003, on each member before permitting a Texas member to
72	72	communicate through the provider with another member.
73	73	(b) An online dating service provider that offers services
74	74	to residents of this state and conducts a criminal background check
75	75	on each member shall include on the provider's Internet website:
76	76	(1) a statement of whether the provider excludes from
77	77	its online dating service all persons identified as having been
78	78	convicted of:
79	79	(A) a felony offense;
80	80	(B) an offense the conviction or adjudication of
81	81	which requires registration as a sex offender under Chapter 62,
82	82	Code of Criminal Procedure; or
83	83	(C) an offense for which an affirmative finding
84	84	of family violence was made under Article 42.013, Code of Criminal
85	85	Procedure;
86	86	(2) a statement of the number of years of a member's
87	87	criminal history that is included in a criminal background check;
88	88	and
89	89	(3) a statement that:
90	90	(A) criminal background checks are not
91	91	foolproof;
92	92	(B) criminal background checks may give members a
93	93	false sense of security;
94	94	(C) criminal background checks are not a perfect
95	95	safety solution;
96	96	(D) criminals may circumvent even the most
97	97	sophisticated search technology;
98	98	(E) not all criminal records are public in all
99	99	states and not all databases are up to date;
100	100	(F) only publicly available convictions are
101	101	included in the criminal background check; and
102	102	(G) the criminal background check does not cover
103	103	other types of convictions than convictions for offenses described
104	104	by Section 106.003(a) or any convictions from foreign countries.
105	105	(c) A disclosure required by Subsection (a) must be stated
106	106	in bold, capital letters, in at least 12-point type on the online
107	107	dating service provider's Internet website.
108	108	Sec. 106.006. SAFETY AWARENESS DISCLOSURE BY ALL PROVIDERS.
109	109	An online dating service provider that offers services to residents
110	110	of this state shall clearly and conspicuously provide a safety
111	111	awareness notification on the provider's Internet website that
112	112	includes a list and description of safety measures reasonably
113	113	designed to increase awareness of safer online dating practices.
114	114	Examples of the safety awareness notification include the following
115	115	statements or substantially similar statements:
116	116	(1) "Anyone who is able to commit identity theft can
117	117	also falsify a dating profile.";
118	118	(2) "There is no substitute for acting with caution
119	119	when communicating with any stranger who wants to meet you.";
120	120	(3) "Never include your last name, e-mail address,
121	121	home address, phone number, place of work, or any other identifying
122	122	information in your Internet profile or initial e-mail messages.
123	123	Stop communicating with anyone who pressures you for personal or
124	124	financial information or attempts in any way to trick you into
125	125	revealing it."; and
126	126	(4) "If you choose to have a face-to-face meeting with
127	127	another member, always tell someone in your family or a friend where
128	128	you are going and when you will return. Never agree to be picked up
129	129	at your home. Always provide your own transportation to and from
130	130	your date and meet in a public place with many people around."
131	131	Sec. 106.007. CIVIL PENALTY; INJUNCTION. (a) An online
132	132	dating service provider who violates this chapter is liable to the
133	133	state for a civil penalty in an amount not to exceed $250 for each
134	134	Texas member registered with the online dating service provider
135	135	during the time of the violation.
136	136	(b) The attorney general may:
137	137	(1) seek an injunction to prevent or restrain a
138	138	violation of this chapter; or
139	139	(2) bring suit to recover the civil penalty imposed
140	140	under Subsection (a).
141	141	(c) The attorney general may recover reasonable expenses
142	142	incurred in obtaining an injunction or civil penalty under this
143	143	section, including court costs and reasonable attorney's fees.
144	144	Sec. 106.008. NO PRIVATE RIGHT OF ACTION. This chapter does
145	145	not create a private right of action.
146	146	SECTION 2. Not later than September 1, 2011, an online
147	147	dating service provider must comply with Chapter 106, Business &
148	148	Commerce Code, as added by this Act, with respect to each person who
149	149	is using the provider's service on that date.
150	150	SECTION 3. This Act takes effect September 1, 2011.