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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