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.
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