Tex. Business & Commerce Code § 106.005
This is the official text of Tex. Business & Commerce Code § 106.005, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 106.005. DISCLOSURES BY PROVIDER THAT CONDUCTS CRIMINAL BACKGROUND CHECKS.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
Dealing with a business matter in Texas?
See all Texas Business lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.