Tex.
Bus. & Com. Code Section 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 (Conduct of Criminal Background Check), 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 (Sex Offender Registration Program), Code of Criminal Procedure; or(C)
an offense for which an affirmative finding of family violence was made under Article 42.013 (Finding of Family Violence), 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 (Conduct of Criminal Background Check)(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.
Source:
Section 106.005 — Disclosures by Provider that Conducts Criminal Background Checks, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.106.htm#106.005 (accessed Jun. 5, 2024).
