82R11468 JE-D
By: Patrick H.B. No. 1052
Substitute the following for H.B. No. 1052:
By: Eissler C.S.H.B. No. 1052
A BILL TO BE ENTITLED
AN ACT
relating to criminal background checks on users of online dating
services and to disclosures of online dating safety measures;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 106 to read as follows:
CHAPTER 106. INTERNET DATING SAFETY ACT
Sec. 106.001. DEFINITIONS. In this chapter:
(1) "Member" means a person who submits to an online
dating service provider the information required by the provider to
access the provider's service for the purpose of engaging in dating
or participating in a compatibility evaluation with other persons.
(2) "Online dating service provider" means a person
engaged in the business of offering or providing to its members
access to dating or compatibility evaluations between persons
through the Internet to arrange or facilitate the social
introduction of two or more persons for the purpose of promoting the
meeting of individuals.
(3) "Texas member" means a member who provides a
billing address or zip code in this state when registering with the
online dating service provider.
Sec. 106.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to an Internet service provider serving as an
intermediary for the transmission of electronic messages between
members of an online dating service provider.
Sec. 106.003. CONDUCT OF CRIMINAL BACKGROUND CHECK. (a)
For purposes of this chapter, an online dating service provider
conducts a criminal background check on a person if the provider
initiates a name search for the person's convictions for any:
(1) felony offense;
(2) offense the conviction or adjudication of which
requires registration as a sex offender under Chapter 62, Code of
Criminal Procedure; and
(3) offense for which an affirmative finding of family
violence was made under Article 42.013, Code of Criminal Procedure.
(b) The name search described by Subsection (a) must be
conducted by searching:
(1) available and regularly updated government public
record databases for criminal conviction records described by
Subsections (a)(1)-(3) that in the aggregate provide substantially
national coverage of those records; or
(2) regularly updated databases that contain at least
the same or substantially similar coverage as would be accessible
through searching databases described by Subdivision (1).
Sec. 106.004. DISCLOSURE BY PROVIDER THAT DOES NOT CONDUCT
CRIMINAL BACKGROUND CHECK. (a) An online dating service provider
that offers services to residents of this state and does not conduct
a criminal background check on each member before permitting a
Texas member to communicate through the provider with another
member shall clearly and conspicuously disclose to all Texas
members that the provider does not conduct criminal background
checks, as described by Section 106.003.
(b) The disclosure required by this section must be stated
in bold, capital letters, in at least 12-point type on the online
dating service provider's Internet website.
Sec. 106.005. DISCLOSURES BY PROVIDER THAT CONDUCTS
CRIMINAL BACKGROUND CHECKS. (a) An online dating service provider
that offers services to residents of this state and conducts a
criminal background check on each member before permitting a Texas
member to communicate through the provider with another member
shall clearly and conspicuously disclose to all Texas members that
the provider conducts a criminal background check, as described by
Section 106.003, on each member before permitting a Texas member to
communicate through the provider with another member.
(b) An online dating service provider that offers services
to residents of this state and conducts a criminal background check
on each member shall include on the provider's Internet website:
(1) a statement of whether the provider excludes from
its online dating service all persons identified as having been
convicted of:
(A) a felony offense;
(B) an offense the conviction or adjudication of
which requires registration as a sex offender under Chapter 62,
Code of Criminal Procedure; or
(C) an offense for which an affirmative finding
of family violence was made under Article 42.013, Code of Criminal
Procedure;
(2) a statement of the number of years of a member's
criminal history that is included in a criminal background check;
and
(3) a statement that:
(A) criminal background checks are not
foolproof;
(B) criminal background checks may give members a
false sense of security;
(C) criminal background checks are not a perfect
safety solution;
(D) criminals may circumvent even the most
sophisticated search technology;
(E) not all criminal records are public in all
states and not all databases are up to date;
(F) only publicly available convictions are
included in the criminal background check; and
(G) the criminal background check does not cover
other types of convictions than convictions for offenses described
by Section 106.003(a) or any convictions from foreign countries.
(c) A disclosure required by Subsection (a) must be stated
in bold, capital letters, in at least 12-point type on the online
dating service provider's Internet website.
Sec. 106.006. SAFETY AWARENESS DISCLOSURE BY ALL PROVIDERS.
An online dating service provider that offers services to residents
of this state shall clearly and conspicuously provide a safety
awareness notification on the provider's Internet website that
includes a list and description of safety measures reasonably
designed to increase awareness of safer online dating practices.
Examples of the safety awareness notification include the following
statements or substantially similar statements:
(1) "Anyone who is able to commit identity theft can
also falsify a dating profile.";
(2) "There is no substitute for acting with caution
when communicating with any stranger who wants to meet you.";
(3) "Never include your last name, e-mail address,
home address, phone number, place of work, or any other identifying
information in your Internet profile or initial e-mail messages.
Stop communicating with anyone who pressures you for personal or
financial information or attempts in any way to trick you into
revealing it."; and
(4) "If you choose to have a face-to-face meeting with
another member, always tell someone in your family or a friend where
you are going and when you will return. Never agree to be picked up
at your home. Always provide your own transportation to and from
your date and meet in a public place with many people around."
Sec. 106.007. CIVIL PENALTY; INJUNCTION. (a) An online
dating service provider who violates this chapter is liable to the
state for a civil penalty in an amount not to exceed $250 for each
Texas member registered with the online dating service provider
during the time of the violation.
(b) The attorney general may:
(1) seek an injunction to prevent or restrain a
violation of this chapter; or
(2) bring suit to recover the civil penalty imposed
under Subsection (a).
(c) The attorney general may recover reasonable expenses
incurred in obtaining an injunction or civil penalty under this
section, including court costs and reasonable attorney's fees.
Sec. 106.008. NO PRIVATE RIGHT OF ACTION. This chapter does
not create a private right of action.
SECTION 2. Not later than September 1, 2011, an online
dating service provider must comply with Chapter 106, Business &
Commerce Code, as added by this Act, with respect to each person who
is using the provider's service on that date.
SECTION 3. This Act takes effect September 1, 2011.