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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011.