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79R6635 ATP-F
By: Hartnett H.B. No. 1307
A BILL TO BE ENTITLED
AN ACT
relating to criminal background checks on users of online
relationship services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Business & Commerce Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. ONLINE RELATIONSHIP SERVICE SAFETY
Sec. 35.131. DEFINITIONS. In this subchapter:
(1) "Communicate" means to contact a person using
real-time voice communication or in writing through the electronic
transmission of free-form text.
(2) "Online relationship service" means a service
through the Internet to arrange or facilitate the social
introduction of two or more persons for the purpose of promoting the
meeting of compatible individuals.
(3) "Online relationship service provider" means a
person directly or indirectly engaged in the business of offering,
promoting, or providing access to an online relationship service.
Sec. 35.132. CONDUCT OF CRIMINAL DATABASE SEARCH OR FEDERAL
CRIMINAL BACKGROUND CHECK. (a) An online relationship service
provider conducts a criminal database search on a person for
purposes of this subchapter if the provider conducts a search for
the person's felony and sexual offense convictions through a
regularly updated database that:
(1) is a system or collection of public records;
(2) is operated and maintained in the United States;
(3) contains more than 170 million criminal records
and sex offender registries; and
(4) has substantial national coverage.
(b) An online relationship service provider conducts a
federal criminal background check on a person for the purposes of
this subchapter if the provider obtains any available criminal
history record information regarding the person from a system that
is maintained by the Federal Bureau of Investigation and based on
fingerprint identification or another method of positive
identification used by the Federal Bureau of Investigation.
Sec. 35.133. CONDUCT OF OR DISCLOSURE REGARDING CRIMINAL
DATABASE SEARCH OR FEDERAL CRIMINAL BACKGROUND CHECK REQUIRED. An
online relationship service provider that offers, provides access
to, or promotes online relationship services to a resident of this
state shall:
(1) for each person who uses the provider's
relationship service, conduct a criminal database search:
(A) before initially allowing that person to
communicate with another person using the same service; and
(B) at least as frequently as once every 12
months;
(2) conduct a federal criminal background check on a
person before initially allowing that person to communicate with
another person using the same service; or
(3) disclose as provided by Section 35.134 to each
resident of this state who uses the provider's online relationship
service that the provider has not conducted a criminal database
search or a federal criminal background check on each person who
uses the service.
Sec. 35.134. DISCLOSURE OF FAILURE TO CONDUCT CRIMINAL
DATABASE SEARCH OR FEDERAL CRIMINAL BACKGROUND CHECK. (a) An
online relationship service provider that has not conducted a
criminal database search or a federal criminal background check on
each person who uses the service to communicate shall prominently
disclose, as required by Section 35.133(3), the provider's failure
to conduct the search or check:
(1) on the home page of the provider's website
accessible by a resident of this state and any other web page
accessible by a resident of this state where a person is likely to
first enter the provider's website;
(2) in each profile shown to a resident of this state
who uses the provider's online relationship service; and
(3) at the beginning of each electronic mail message
received by a resident of this state in connection with the use of
the provider's online relationship service, including a
communication between persons using the service.
(b) A disclosure under Subsection (a)(1) or (3) shall state
in bold, capital letters in at least 11-point type:
"IMPORTANT NOTICE: WE HAVE NOT CONDUCTED CRIMINAL FELONY OR
SEXUAL OFFENSE BACKGROUND CHECKS ON OUR COMMUNICATING MEMBERS."
(c) A disclosure under Subsection (a)(2) shall state in
bold, capital letters in at least 11-point type:
"IMPORTANT NOTICE: WE HAVE NOT CONDUCTED A CRIMINAL FELONY
OR SEXUAL OFFENSE BACKGROUND CHECK ON THIS INDIVIDUAL."
Sec. 35.135. DISCLOSURE BY PROVIDER THAT CONDUCTS CRIMINAL
DATABASE SEARCHES OR FEDERAL CRIMINAL BACKGROUND CHECKS. (a) An
online relationship service provider that conducts a criminal
database search or federal criminal background check for each
person who uses the provider's online relationship service to
communicate shall provide a disclosure through a readily accessible
link on the home page of the provider's website that includes:
(1) a description of the coverage of any criminal
database used by the provider;
(2) an acknowledgement that:
(A) criminal background checks are not a
perfectly safe solution and it is possible for a criminal to
circumvent even the most sophisticated background search
technology;
(B) only felony or other sexual offense
convictions, and not arrests, are covered by the criminal
background check; and
(C) a person can commit a crime without having a
prior criminal conviction;
(3) a description of additional safety measures
reasonably designed to increase awareness of safer dating
practices; and
(4) a statement clearly describing whether the
provider excludes from its website all persons identified as having
a felony or sexual offense conviction.
(b) If an online relationship service provider does not
exclude from its website all persons identified as having a felony
or other sexual offense conviction, the provider shall prominently
disclose in the profile of each resident of this state identified as
having a felony or other sexual offense conviction:
"WARNING: THIS PERSON HAS BEEN IDENTIFIED THROUGH OUR
CRIMINAL BACKGROUND CHECK TO HAVE A PRIOR CRIMINAL CONVICTION."
Sec. 35.136. CIVIL ACTION. (a) A person injured as a
result of a violation of this subchapter may bring a civil action to
recover:
(1) court costs and reasonable attorney's fees; and
(2) the greater of:
(A) actual damages; or
(B) exemplary, special, consequential, and other
damages.
(b) An online relationship service provider is not liable
under this section if the provider:
(1) conducts a criminal database search or a federal
criminal background check as provided by Section 35.133(1) or (2)
on each person who uses the provider's relationship service to
communicate; and
(2) makes the disclosures required under Section
35.135.
SECTION 2. This Act takes effect September 1, 2005.