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.