By:  Carona                                                       S.B. No. 337
	(In the Senate - Filed February 2, 2005; February 7, 2005, 
read first time and referred to Committee on Criminal Justice; 
May 2, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 2; May 2, 2005, sent 
to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 337                                    By:  Seliger

A BILL TO BE ENTITLED
AN ACT
relating to criminal background checks on users of online dating services; providing a civil penalty. 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 INTERNET DATING DISCLOSURES AND SAFETY
AWARENESS ACT
Sec. 35.131. DEFINITIONS. In this subchapter: (1) "Communicate" means to contact a person using real-time voice communication or through free-form text. (2) "Member" means a person who submits to an online dating service provider the information required by the provider to access the provider's service for the purpose of engaging in dating or participating in a compatibility evaluation with other persons. (3) "Online dating service provider" means a person engaged in the business of offering or providing to its members access to dating or compatibility evaluations between persons through the Internet to arrange or facilitate the social introduction of two or more persons for the purpose of promoting the meeting of individuals. Sec. 35.132. APPLICABILITY. This subchapter does not apply to: (1) an Internet service provider as a result of the provider's serving as an intermediary for the transmission of electronic messages between members of an online dating service provider; or (2) an Internet access service or other Internet service provider as a result of a person accessing, through the Internet access service or Internet service provider, an online dating service website provided by another person. Sec. 35.133. CONDUCT OF CRIMINAL BACKGROUND CHECK. An online dating service provider conducts a criminal background check on a person for purposes of this subchapter if the provider initiates a search for the person's felony and sexual offense convictions conducted by searching: (1) available and regularly updated government public record databases for felony and sexual offense criminal conviction records that in the aggregate provide substantially national coverage of at least 150 million felony and sexual offense criminal conviction records; or (2) regularly updated databases that contain at least the same or substantially similar coverage as would be accessible through searching databases described by Subdivision (1). Sec. 35.134. DISCLOSURE BY PROVIDER THAT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECK. (a) An online dating service provider that offers services to residents of this state and does not conduct a criminal background check on each member before permitting a member who is a resident of this state to communicate through the provider with another member shall clearly and conspicuously disclose to all members who are residents of this state that the provider does not conduct criminal background checks as described by Section 35.133. (b) The disclosure required by this section must: (1) be provided at the beginning of each electronic mail message sent in connection with the use of the online dating service provider's service, on the profile describing a member, and on the provider's web pages through which a person submits information to become a member of the provider; and (2) be stated in bold, capital letters, in at least 12-point type. Sec. 35.135. DISCLOSURE BY PROVIDER THAT CONDUCTS CRIMINAL BACKGROUND CHECKS. (a) An online dating service provider that offers services to residents of this state and conducts a criminal background check on each member before permitting a member who is a resident of this state to communicate through the provider with another member shall clearly and conspicuously disclose to all members who are residents of this state that the provider conducts a criminal background check, as described by Section 35.133, on each member before permitting a member who is a resident of this state to communicate through the provider with another member. (b) A disclosure required by this section must: (1) be provided on the online dating service provider's web pages through which a person submits information to become a member of the provider; (2) be stated in bold, capital letters, in at least 12-point type; and (3) clearly describe whether the provider excludes from its website all persons identified as having a felony or sexual offense conviction. Sec. 35.136. ENFORCEMENT BY ATTORNEY GENERAL. (a) The attorney general shall send written notice to an online dating service provider who violates this subchapter informing the provider of the violation. (b) An online dating service provider who violates this subchapter is liable to the state for a civil penalty not to exceed $50,000 for each day that a violation of this subchapter occurs after the 30th day after the date the provider receives notice under Subsection (a). (c) The attorney general may: (1) seek an injunction to prevent or restrain a violation of this subchapter; or (2) bring suit to recover the civil penalty imposed under Subsection (b). (d) The attorney general may recover reasonable expenses incurred in obtaining an injunction or civil penalty under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. Sec. 35.137. DECEPTIVE TRADE PRACTICE. A violation of this subchapter is considered a false, misleading, or deceptive act or practice for purposes of Section 17.46(a), and is subject to action only by the consumer protection division of the attorney general's office as provided by Section 17.46(a). SECTION 2. Not later than September 1, 2005, an online dating service provider must comply with Subchapter L, Chapter 35, Business & Commerce Code, as added by this Act, with respect to each person who is using the provider's service on that date. SECTION 3. This Act takes effect September 1, 2005.
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