By: Driver H.B. No. 2661
72S40010 LJD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contracts for dating services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 2, Business & Commerce Code, is amended by
1-5 adding Chapter 20 to read as follows:
1-6 CHAPTER 20. DATING SERVICE AGENCIES
1-7 Sec. 20.01. DEFINITIONS. In this chapter:
1-8 (1) "Business day" means a day other than a Saturday,
1-9 Sunday, or federal holiday.
1-10 (2) "Buyer" means an individual who is solicited to
1-11 purchase or who purchases the services of a dating service agency.
1-12 (3) "Dating service agency" means a person that
1-13 engages in the business of assisting or attempting to assist an
1-14 individual to meet other individuals for the purpose of beginning
1-15 dating relationships.
1-16 Sec. 20.02. FORM AND TERMS OF CONTRACT. (a) A dating
1-17 service agency must provide a completed copy of a proposed written
1-18 contract to a buyer before the contract is signed. The written
1-19 contract constitutes the entire agreement between the agency and
1-20 the buyer. The contract must be signed by the buyer. The contract
1-21 must clearly state the refund policy of the service.
1-22 (b) Each contract must include the following statement
1-23 printed in at least 10-point boldfaced type:
1-24 NOTICE TO BUYER
2-1 (1) DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT. DO
2-2 NOT SIGN THIS CONTRACT IF IT CONTAINS BLANK SPACES.
2-3 (2) IF YOU DECIDE THAT YOU DO NOT WISH TO PURCHASE THE
2-4 SERVICES OF THIS DATING SERVICE AGENCY, YOU MAY CANCEL THIS
2-5 CONTRACT BY MAILING TO THE AGENCY BEFORE THE FOURTH BUSINESS DAY
2-6 AFTER THE DATE ON WHICH YOU SIGN THIS CONTRACT A NOTICE STATING
2-7 YOUR DESIRE TO CANCEL THE CONTRACT. THE WRITTEN NOTICE MUST BE
2-8 SENT BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
2-9 (Address of dating service agency's home office).
2-10 Sec. 20.03. CANCELLATION OPTION. (a) A buyer may cancel a
2-11 contract before the fourth business day after the date on which the
2-12 buyer signs the contract by notifying the dating service agency of
2-13 the cancellation in writing. Notification is considered given if
2-14 the notification is mailed by certified mail to the home office of
2-15 the dating service agency and postmarked before the deadline
2-16 prescribed by this subsection. The dating service agency shall
2-17 refund all money paid by the buyer exercising the right to cancel.
2-18 (b) A buyer may cancel a contract at any time if the buyer
2-19 decides not to use the services or determines that the dating
2-20 service agency is not offering suitable services under the
2-21 contract. The buyer is liable for an amount equal to the value of
2-22 services received under the contract up to the day on which the
2-23 contract is canceled.
2-24 (c) A dating service agency shall make a refund required
2-25 under this section not later than the 31st day after the date the
2-26 agency receives the notice of cancellation.
2-27 Sec. 20.04. DECEPTIVE TRADE PRACTICE. A violation of this
3-1 chapter is a false, misleading, or deceptive act or practice within
3-2 the meaning of Section 17.46, Business & Commerce Code. A public
3-3 or private right or remedy authorized by the Deceptive Trade
3-4 Practices-Consumer Protection Act (Subchapter E, Chapter 17,
3-5 Business & Commerce Code) may be used to enforce this chapter.
3-6 SECTION 2. This Act applies only to a contract for dating
3-7 services entered into on or after the effective date of this Act.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.