CHAPTER 101. INTERNATIONAL MATCHMAKING ORGANIZATIONS
BUSINESS AND COMMERCE CODE
TITLE 5. REGULATION OF BUSINESSES AND SERVICES
SUBTITLE C. BUSINESS OPERATIONS
CHAPTER 101. INTERNATIONAL MATCHMAKING ORGANIZATIONS
Sec. 101.001. DEFINITIONS. In this chapter:
(1) "Basic rights information" means information applicable to a
noncitizen, including information about human rights,
immigration, and emergency assistance and resources.
(2) "Client" means a person who is a resident of the United
States and who contracts with an international matchmaking
organization to meet recruits.
(3) "Criminal history record information" means criminal history
record information obtained from the Department of Public Safety
under Subchapter F, Chapter 411, Government Code, and from the
Federal Bureau of Investigation under Section 411.087, Government
Code.
(4) "International matchmaking organization" means a
corporation, partnership, sole proprietorship, or other legal
entity that does business in the United States and offers to
residents of this state dating, matrimonial, or social referral
services involving recruits by:
(A) exchanging names, telephone numbers, addresses, or
statistics;
(B) selecting photographs; or
(C) providing a social environment for introducing clients to
recruits in a country other than the United States.
(5) "Marital history information" means a declaration of a
person's current marital status, the number of times the person
has been married, and whether any marriage occurred as a result
of receiving services from an international matchmaking
organization.
(6) "Recruit" means a person who:
(A) is not a citizen or resident of the United States; and
(B) is recruited by an international matchmaking organization
for the purpose of providing dating, matrimonial, or social
referral services.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 101.002. PROVIDING CRIMINAL HISTORY, MARITAL HISTORY, AND
BASIC RIGHTS INFORMATION. (a) An international matchmaking
organization shall provide each recruit with the criminal history
record information and marital history information of the
organization's clients and with basic rights information.
(b) The information under Subsection (a) must:
(1) be in the recruit's native language; and
(2) be displayed in a manner that:
(A) separates the criminal history record information, the
marital history information, and the basic rights information
from any other information; and
(B) is highly noticeable.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 101.003. PROVIDING ADDITIONAL CRIMINAL HISTORY, MARITAL
HISTORY, AND BASIC RIGHTS INFORMATION. (a) An international
matchmaking organization shall disseminate to a recruit the
criminal history record information and marital history
information of a client and the basic rights information not
later than the 30th day after the date the organization receives
the criminal history record information and the marital history
information from the client.
(b) The international matchmaking organization shall provide the
information to the recruit in the recruit's native language. The
organization shall pay the costs incurred to translate the
information.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 101.004. OBTAINING CRIMINAL HISTORY RECORD INFORMATION AND
MARITAL HISTORY INFORMATION. (a) A client shall:
(1) obtain a copy of the client's own criminal history record
information;
(2) provide the criminal history record information to the
international matchmaking organization; and
(3) provide the client's own marital history information to the
international matchmaking organization.
(b) The international matchmaking organization shall require the
client to affirm that the marital history information is complete
and accurate and includes information regarding marriages,
annulments, and dissolutions that occurred in another state or a
foreign country.
(c) The international matchmaking organization may not provide
any further services to the client or the recruit until the
organization has:
(1) obtained the requested criminal history record information
and marital history information; and
(2) provided the information to the recruit.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.
Sec. 101.005. CIVIL PENALTY. (a) An international matchmaking
organization that violates this chapter is subject to a civil
penalty not to exceed $20,000 for each violation.
(b) In determining the amount of the civil penalty, the court
shall consider:
(1) any previous violations of this chapter by the international
matchmaking organization;
(2) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation;
(3) the demonstrated good faith of the international matchmaking
organization; and
(4) the amount necessary to deter future violations.
(c) The attorney general or the appropriate district or county
attorney may bring an action under this section in the name of
the state in a district court in:
(1) Travis County; or
(2) a county in which any part of the violation occurs.
(d) A penalty collected under this section by the attorney
general or a district or county attorney shall be deposited in
the state treasury to the credit of the compensation to victims
of crime fund under Article 56.54, Code of Criminal Procedure.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.01, eff. April 1, 2009.