Texas 2011 - 82nd Regular

Texas Senate Bill SB488 Compare Versions

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1	1	By: Van de Putte S.B. No. 488
2	2	(Patrick)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal background checks on users of online dating
8	8	services and to disclosures of online dating safety measures;
9	9	providing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
12	12	amended by adding Chapter 106 to read as follows:
13	13	CHAPTER 106. INTERNET DATING SAFETY ACT
14	14	Sec. 106.001. DEFINITIONS. In this chapter:
15	15	(1) "Member" means a person who submits to an online
16	16	dating service provider the information required by the provider to
17	17	access the provider's service for the purpose of engaging in dating
18	18	or participating in a compatibility evaluation with other persons.
19	19	(2) "Online dating service provider" means a person
20	20	engaged in the business of offering or providing to its members
21	21	access to dating or compatibility evaluations between persons
22	22	through the Internet to arrange or facilitate the social
23	23	introduction of two or more persons for the purpose of promoting the
24	24	meeting of individuals.
25	25	(3) "Texas member" means a member who provides a
26	26	billing address or zip code in this state when registering with the
27	27	online dating service provider.
28	28	Sec. 106.002. APPLICABILITY OF CHAPTER. This chapter does
29	29	not apply to an Internet service provider serving as an
30	30	intermediary for the transmission of electronic messages between
31	31	members of an online dating service provider.
32	32	Sec. 106.003. CONDUCT OF CRIMINAL BACKGROUND CHECK.
33	33	(a) For purposes of this chapter, an online dating service
34	34	provider conducts a criminal background check on a person if the
35	35	provider initiates a name search for the person's convictions for
36	36	any:
37	37	(1) felony offense;
38	38	(2) offense the conviction or adjudication of which
39	39	requires registration as a sex offender under Chapter 62, Code of
40	40	Criminal Procedure; and
41	41	(3) offense for which an affirmative finding of family
42	42	violence was made under Article 42.013, Code of Criminal Procedure.
43	43	(b) The name search described by Subsection (a) must be
44	44	conducted by searching:
45	45	(1) available and regularly updated government public
46	46	record databases for criminal conviction records described by
47	47	Subsections (a)(1)-(3) that in the aggregate provide substantially
48	48	national coverage of those records; or
49	49	(2) regularly updated databases that contain at least
50	50	the same or substantially similar coverage as would be accessible
51	51	through searching databases described by Subdivision (1).
52	52	Sec. 106.004. DISCLOSURE BY PROVIDER THAT DOES NOT CONDUCT
53	53	CRIMINAL BACKGROUND CHECK. (a) An online dating service provider
54	54	that offers services to residents of this state and does not conduct
55	55	a criminal background check on each member before permitting a
56	56	Texas member to communicate through the provider with another
57	57	member shall clearly and conspicuously disclose to all Texas
58	58	members that the provider does not conduct criminal background
59	59	checks, as described by Section 106.003.
60	60	(b) The disclosure required by this section must be stated
61	61	in bold, capital letters, in at least 12-point type on the online
62	62	dating service provider's Internet website.
63	63	Sec. 106.005. DISCLOSURES BY PROVIDER THAT CONDUCTS
64	64	CRIMINAL BACKGROUND CHECKS. (a) An online dating service provider
65	65	that offers services to residents of this state and conducts a
66	66	criminal background check on each member before permitting a Texas
67	67	member to communicate through the provider with another member
68	68	shall clearly and conspicuously disclose to all Texas members that
69	69	the provider conducts a criminal background check, as described by
70	70	Section 106.003, on each member before permitting a Texas member to
71	71	communicate through the provider with another member.
72	72	(b) An online dating service provider that offers services
73	73	to residents of this state and conducts a criminal background check
74	74	on each member shall include on the provider's Internet website:
75	75	(1) a statement of whether the provider excludes from
76	76	its online dating service all persons identified as having been
77	77	convicted of:
78	78	(A) a felony offense;
79	79	(B) an offense the conviction or adjudication of
80	80	which requires registration as a sex offender under Chapter 62,
81	81	Code of Criminal Procedure; or
82	82	(C) an offense for which an affirmative finding
83	83	of family violence was made under Article 42.013, Code of Criminal
84	84	Procedure;
85	85	(2) a statement of the number of years of a member's
86	86	criminal history that is included in a criminal background check;
87	87	and
88	88	(3) a statement that:
89	89	(A) criminal background checks are not
90	90	foolproof;
91	91	(B) criminal background checks may give members a
92	92	false sense of security;
93	93	(C) criminal background checks are not a perfect
94	94	safety solution;
95	95	(D) criminals may circumvent even the most
96	96	sophisticated search technology;
97	97	(E) not all criminal records are public in all
98	98	states and not all databases are up to date;
99	99	(F) only publicly available convictions are
100	100	included in the criminal background check; and
101	101	(G) the criminal background check does not cover
102	102	other types of convictions than convictions for offenses described
103	103	by Section 106.003(a) or any convictions from foreign countries.
104	104	(c) A disclosure required by Subsection (a) must be stated
105	105	in bold, capital letters in at least 12-point type on the online
106	106	dating service provider's Internet website.
107	107	Sec. 106.006. SAFETY AWARENESS DISCLOSURE BY ALL PROVIDERS.
108	108	An online dating service provider that offers services to residents
109	109	of this state shall clearly and conspicuously provide a safety
110	110	awareness notification on the provider's Internet website that
111	111	includes a list and description of safety measures reasonably
112	112	designed to increase awareness of safer online dating practices.
113	113	Examples of the safety awareness notification include the following
114	114	statements or substantially similar statements:
115	115	(1) "Anyone who is able to commit identity theft can
116	116	also falsify a dating profile.";
117	117	(2) "There is no substitute for acting with caution
118	118	when communicating with any stranger who wants to meet you.";
119	119	(3) "Never include your last name, e-mail address,
120	120	home address, phone number, place of work, or any other identifying
121	121	information in your Internet profile or initial e-mail messages.
122	122	Stop communicating with anyone who pressures you for personal or
123	123	financial information or attempts in any way to trick you into
124	124	revealing it."; and
125	125	(4) "If you choose to have a face-to-face meeting with
126	126	another member, always tell someone in your family or a friend where
127	127	you are going and when you will return. Never agree to be picked up
128	128	at your home. Always provide your own transportation to and from
129	129	your date and meet in a public place with many people around."
130	130	Sec. 106.007. CIVIL PENALTY; INJUNCTION. (a) An online
131	131	dating service provider who violates this chapter is liable to the
132	132	state for a civil penalty in an amount not to exceed $250 for each
133	133	Texas member registered with the online dating service provider
134	134	during the time of the violation.
135	135	(b) The attorney general may:
136	136	(1) seek an injunction to prevent or restrain a
137	137	violation of this chapter; or
138	138	(2) bring suit to recover the civil penalty imposed
139	139	under Subsection (a).
140	140	(c) The attorney general may recover reasonable expenses
141	141	incurred in obtaining an injunction or civil penalty under this
142	142	section, including court costs and reasonable attorney's fees.
143	143	Sec. 106.008. NO PRIVATE RIGHT OF ACTION. This chapter does
144	144	not create a private right of action.
145	145	SECTION 2. Not later than September 1, 2011, an online
146	146	dating service provider must comply with Chapter 106, Business &
147	147	Commerce Code, as added by this Act, with respect to each person who
148	148	is using the provider's service on that date.
149	149	SECTION 3. This Act takes effect September 1, 2011.