SRC-JEC H.B. 177 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 177
78R8311 MCK-DBy: McCall (West, Royce)
International Relations and Trade
5/12/2003
Engrossed


DIGEST AND PURPOSE 

International matchmaking organizations (IMOs) broker marriages between
citizens of other countries and citizens of the United States.  The IMO
industry has grown rapidly in recent years, and concerns have arisen about
the exploitation and abuse of foreign women.  H.B. 177 regulates IMOs
practicing in Texas by requiring them to provide information on the
marital and criminal histories of the persons seeking spouses to the
foreign candidates for marriage.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  DEFINITIONS.  Defines:  "basic rights information," "client,"
"criminal history record information," "international matchmaking
organization," "marital history information," and "recruit." 

SECTION 2.  NOTICE OF AVAILABILITY OF CRIMINAL HISTORY, MARITAL HISTORY,
AND BASIC RIGHTS INFORMATION.  (a)  Requires an international matchmaking
organization to provide each recruit with the criminal history record
information and marital history information of its clients and with basic
rights information. 

(b)  Requires the information under Subsection (a) of this section to be
in the recruit's native language, and displayed in a manner that separates
the criminal history record information, the marital history information,
and the basic rights information from any other information, and is highly
noticeable. 

SECTION 3.  PROVIDING CRIMINAL HISTORY, MARITAL HISTORY, AND BASIC RIGHTS
INFORMATION.  (a)  Requires an international matchmaking organization to
disseminate to a recruit the criminal history record information and
marital history information of a client and the basic rights information
not later than the 30th day after the date the international matchmaking
organization receives the criminal history record information and the
marital history information from the client. 

(b)  Requires the international matchmaking organization to provide the
information to the recruit in the recruit's native language.  Requires the
international matchmaking organization to pay the costs incurred to
translate the information. 

SECTION 4.  OBTAINING CRIMINAL HISTORY RECORD INFORMATION AND MARITAL
HISTORY INFORMATION.  (a)  Requires the client to: 

(1)  obtain a copy of the person's own criminal history record information;

(2)  provide the criminal history record information to the international
matchmaking organization; and 

(3)  provide to the international matchmaking organization the person's
own marital  history information. 

(b)  Requires the international matchmaking organization to require the
client to affirm that the marital history information is complete and
accurate and includes information regarding marriages, annulments, and
dissolutions that occurred in another state or a foreign country. 

(c)  Prohibits the international matchmaking organization from providing
any further services to the client or the recruit until the organization
has obtained the requested criminal history record information and marital
history information, and provided the information to the recruit. 

SECTION 5.  CIVIL PENALTY.  (a)  Provides that an international
matchmaking organization that violates this Act is subject to a civil
penalty not to exceed $20,000 for each violation. 

(b)  Sets forth considerations for the court in determining the amount of
the civil penalty. 

(c)  Authorizes the attorney general or the appropriate district or county
attorney to bring an action under this section in the name of the state in
a district court of Travis County or of a county in which any part of the
violation occurs. 

(d)  Requires a penalty collected under this section by the attorney
general or a district or county attorney to be deposited in the state
treasury to the credit of the compensation to victims of crime fund under
Article 56.34, Code of Criminal Procedure. 

SECTION 6.  EFFECTIVE DATE.  Effective date:  September 1, 2003.