C.S.H.B. 177    78(R)    BILL ANALYSIS



C.S.H.B. 177 
By: McCall

House Committee on    Business & Industry 
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

As of 1999 there were an estimated 200 mail order bride companies; these
arrange between 2000 and 5000 marriages in the US each year.  This is
about 2% to 5% of all immigrants admitted as the wives of US citizens.
According to the Immigration and Naturalization Services (INS), the growth
of these services has been phenomenal.  A study commissioned by INS cites
growth of this market as a result of the break up of the former Soviet
Union and the Internet.  INS estimates that about 4% to 6% of the 100,000
women seeking mail order marriage to a US citizen will find it. 
 
This bill would regulate certain international matchmaking organizations,
requiring dissemination of certain information regarding criminal history,
marital history and basic rights information to prospective brides.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Definitions of Basic rights information, Client, Criminal History
Information, International Matchmaking Organization (IMO), Marital History
and Recruit. For the purposes of this Act, "International matchmaking
organization" means a corporation, partnership, sole proprietorship, or
other legal entity that does business in the United State's and offers to
clients dating, matrimonial, or social referral services involving
recruits by: (A) exchanging names, telephone numbers, addresses, or
statistics; (B) selecting photographs; or C) providing a social
environment for introducing clients to recruits in a country other than
the United States. Notice of availability of criminal history, marital
history and basic rights to recruit. Requirements for information to be
provided and displayed.  Procedure for obtaining criminal and marital
history. Providing for a Civil Penalty. IMO that violates this act is
subject to a civil penalty not to exceed $20,000 for each violation.
Considerations of penalty and authority outlined.   


EFFECTIVE DATE

Effective date of this Act is September 1, 2003.



COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 177 modifies the original by adding a definition for "basic rights
information" and renumbers subsequent subsections. Provides a redefinition
of International Matchmaking Organization by deleting "for a fee".
Inclusion of "basic rights information" in information to be provided to
recruits. Requires IMO to disseminate information  no later than 30 days
after it receives it. Provides that IMO will pay for translating services.
Penalty collected shall be deposited to the credit of the compensation to
victims of crime fund under Article 56.34, Code of Criminal Procedure.
Section 6 of the original bill is deleted in the substitute.