Texas § BC.106.005 - DISCLOSURES BY PROVIDER THAT CONDUCTS CRIMINAL BACKGROUND CHECKS

§ BC.106.005. DISCLOSURES BY PROVIDER THAT CONDUCTS CRIMINAL BACKGROUND CHECKS

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.