CHAPTER 101. INTERNATIONAL MATCHMAKING ORGANIZATIONS

State Codes and Statutes

Statutes > Texas > Business-and-commerce-code > Title-5-regulation-of-businesses-and-services > 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

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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