78R514 MCK-D
By: McCall H.B. No. 177
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain international matchmaking
organizations; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Client" means a person who is a resident of the
United States and who contracts with an international matchmaking
organization to meet recruits.
(2) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(3) "International matchmaking organization" means a
corporation, partnership, sole proprietorship, or other legal
entity that does business in the state and for a fee 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.
(4) "Marital history information" means a declaration
of a person's current marital status, the number of times the person
has been married, and whether any marriage occurred as a result of
receiving services from an international matchmaking organization.
(5) "Recruit" means a person who is not a citizen or
resident of the United States and who is recruited by an
international matchmaking organization for the purpose of
providing dating, matrimonial, or social referral services.
SECTION 2. NOTICE OF AVAILABILITY OF CRIMINAL HISTORY
INFORMATION AND MARITAL HISTORY INFORMATION. (a) An international
matchmaking organization shall notify each recruit that criminal
history record information and marital history information of its
clients is available on request.
(b) The notice under Subsection (a) of this section must be:
(1) in the recruit's native language; and
(2) displayed in a manner that:
(A) separates the criminal history record
information and marital history information from any other
information;
(B) is highly noticeable; and
(C) is in lettering not less than one-quarter of
an inch high.
SECTION 3. PROVIDING CRIMINAL HISTORY INFORMATION AND
MARITAL HISTORY INFORMATION. (a) An international matchmaking
organization shall disseminate to a recruit, on request, the
criminal history record information and marital history
information of a client.
(b) The international matchmaking organization shall
provide the information to the recruit in the recruit's native
language.
SECTION 4. OBTAINING CRIMINAL HISTORY RECORD INFORMATION
AND MARITAL HISTORY INFORMATION. (a) An international matchmaking
organization that receives a request for criminal history record
information and marital history information from a recruit shall
notify the client of the request.
(b) On receiving notification, the client shall:
(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.
(c) The international matchmaking organization shall
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.
(d) The international matchmaking organization may not
provide any further services to the client or the recruit until the
organization has:
(1) obtained the requested criminal history record
information and marital history information; and
(2) provided the information to the recruit.
SECTION 5. CIVIL PENALTY. (a) An international matchmaking
organization that violates this Act is subject to a civil penalty
not to exceed $20,000 for each violation.
(b) In determining the amount of the civil penalty, the
court shall consider:
(1) any previous violations of this Act by the
international matchmaking organization;
(2) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(3) the demonstrated good faith of the international
matchmaking organization; and
(4) the amount necessary to deter future violations.
(c) The attorney general or the appropriate district or
county attorney may 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) A penalty collected under this section by the attorney
general shall be deposited in the state treasury to the credit of
the general revenue fund. A penalty collected under this section by
a district or county attorney shall be deposited to the credit of
the general fund of the county in which the suit was heard.
SECTION 6. EXEMPTION. This Act does not apply to:
(1) a traditional matchmaking organization of a
religious nature that otherwise operates in compliance with the
laws of the countries in which the organization has recruits and the
laws of the United States; or
(2) an organization that does not charge a fee to any
person for the services provided.
SECTION 7. EFFECTIVE DATE. This Act takes effect September
1, 2003.