By: Van de Putte  S.B. No. 488
         (In the Senate - Filed February 1, 2011; February 14, 2011,
  read first time and referred to Committee on Business and Commerce;
  March 7, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; March 7, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 488 By:  Van de Putte
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to criminal background checks on users of online dating
  services and to disclosures of online dating safety measures;
  providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 106 to read as follows:
  CHAPTER 106.  INTERNET DATING SAFETY ACT
         Sec. 106.001.  DEFINITIONS. In this chapter:
               (1)  "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.
               (2)  "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.
               (3)  "Texas member" means a member who provides a
  billing address or zip code in this state when registering with the
  online dating service provider.
         Sec. 106.002.  APPLICABILITY OF CHAPTER. This chapter does
  not apply to an Internet service provider serving as an
  intermediary for the transmission of electronic messages between
  members of an online dating service provider.
         Sec. 106.003.  CONDUCT OF CRIMINAL BACKGROUND CHECK.
  (a)  For purposes of this chapter, an online dating service
  provider conducts a criminal background check on a person if the
  provider initiates a name search for the person's convictions for
  any:
               (1)  felony offense;
               (2)  offense the conviction or adjudication of which
  requires registration as a sex offender under Chapter 62, Code of
  Criminal Procedure; and
               (3)  offense for which an affirmative finding of family
  violence was made under Article 42.013, Code of Criminal Procedure.
         (b)  The name search described by Subsection (a) must be
  conducted by searching:
               (1)  available and regularly updated government public
  record databases for criminal conviction records described by
  Subsections (a)(1)-(3) that in the aggregate provide substantially
  national coverage of those 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. 106.004.  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
  Texas member to communicate through the provider with another
  member shall clearly and conspicuously disclose to all Texas
  members that the provider does not conduct criminal background
  checks, as described by Section 106.003.
         (b)  The disclosure required by this section must be stated
  in bold, capital letters, in at least 12-point type on the online
  dating service provider's Internet website.
         Sec. 106.005.  DISCLOSURES 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 Texas
  member to communicate through the provider with another member
  shall clearly and conspicuously disclose to all Texas members that
  the provider conducts a criminal background check, as described by
  Section 106.003, on each member before permitting a Texas member to
  communicate through the provider with another member.
         (b)  An online dating service provider that offers services
  to residents of this state and conducts a criminal background check
  on each member shall include on the provider's Internet website:
               (1)  a statement of whether the provider excludes from
  its online dating service all persons identified as having been
  convicted of:
                     (A)  a felony offense;
                     (B)  an offense the conviction or adjudication of
  which requires registration as a sex offender under Chapter 62,
  Code of Criminal Procedure; or
                     (C)  an offense for which an affirmative finding
  of family violence was made under Article 42.013, Code of Criminal
  Procedure;
               (2)  a statement of the number of years of a member's
  criminal history that is included in a criminal background check;
  and
               (3)  a statement that:
                     (A)  criminal background checks are not
  foolproof;
                     (B)  criminal background checks may give members a
  false sense of security;
                     (C)  criminal background checks are not a perfect
  safety solution;
                     (D)  criminals may circumvent even the most
  sophisticated search technology;
                     (E)  not all criminal records are public in all
  states and not all databases are up to date;
                     (F)  only publicly available convictions are
  included in the criminal background check; and
                     (G)  the criminal background check does not cover
  other types of convictions than convictions for offenses described
  by Section 106.003(a) or any convictions from foreign countries.
         (c)  A disclosure required by Subsection (a) must be stated
  in bold, capital letters in at least 12-point type on the online
  dating service provider's Internet website.
         Sec. 106.006.  SAFETY AWARENESS DISCLOSURE BY ALL PROVIDERS.
  An online dating service provider that offers services to residents
  of this state shall clearly and conspicuously provide a safety
  awareness notification on the provider's Internet website that
  includes a list and description of safety measures reasonably
  designed to increase awareness of safer online dating practices.  
  Examples of the safety awareness notification include the following
  statements or substantially similar statements:
               (1)  "Anyone who is able to commit identity theft can
  also falsify a dating profile.";
               (2)  "There is no substitute for acting with caution
  when communicating with any stranger who wants to meet you.";
               (3)  "Never include your last name, e-mail address,
  home address, phone number, place of work, or any other identifying
  information in your Internet profile or initial e-mail messages.  
  Stop communicating with anyone who pressures you for personal or
  financial information or attempts in any way to trick you into
  revealing it."; and
               (4)  "If you choose to have a face-to-face meeting with
  another member, always tell someone in your family or a friend where
  you are going and when you will return.  Never agree to be picked up
  at your home.  Always provide your own transportation to and from
  your date and meet in a public place with many people around."
         Sec. 106.007.  CIVIL PENALTY; INJUNCTION. (a)  An online
  dating service provider who violates this chapter is liable to the
  state for a civil penalty in an amount not to exceed $250 for each
  Texas member registered with the online dating service provider
  during the time of the violation.
         (b)  The attorney general may:
               (1)  seek an injunction to prevent or restrain a
  violation of this chapter; or
               (2)  bring suit to recover the civil penalty imposed
  under Subsection (a).
         (c)  The attorney general may recover reasonable expenses
  incurred in obtaining an injunction or civil penalty under this
  section, including court costs and reasonable attorney's fees.
         Sec. 106.008.  NO PRIVATE RIGHT OF ACTION.  This chapter does
  not create a private right of action.
         SECTION 2.  Not later than September 1, 2011, an online
  dating service provider must comply with Chapter 106, 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, 2011.
 
  * * * * *