Texas House Bill HB4585

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to the prohibited release by a public agency of personal affiliation information regarding the members, supporters, or volunteers of or donors to certain nonprofit organizations; creating a criminal offense.

Impact

If enacted, HB 4585 would significantly alter how public agencies handle the personal data of individuals associated with nonprofit organizations. It introduces civil remedies for violations, allowing individuals to sue public agencies for damages and obtain injunctive relief. The bill also explicitly waives sovereign immunity for these claims, facilitating legal recourse for individuals who may suffer from breaches of their confidentiality. This represents a substantial shift in the relationship between public institutions and nonprofit organizations, potentially enhancing trust and participation in nonprofit activities.

Summary

House Bill 4585 aims to protect the personal affiliation information of members, supporters, volunteers, and donors associated with certain nonprofit organizations. This bill prohibits public agencies from requiring, disclosing, or otherwise sharing personal affiliation information. It also introduces a criminal offense for violations of these provisions, categorizing such violations as a Class B misdemeanor. By ensuring the confidentiality of this information, the bill intends to foster a safer environment for individuals involved in nonprofit activities, especially in light of concerns over potential public backlash and intimidation against financial or nonfinancial supporters of these organizations.

Sentiment

The sentiment surrounding HB 4585 appears to support the protection of individual privacy in the context of nonprofit affiliations. Advocates for privacy rights likely view the bill positively, as it addresses concerns about public agencies’ handling of sensitive information. However, there may also be skepticism regarding the enforcement of these provisions and the ability of nonprofits to hold public agencies accountable. Some critics might argue that while the intent is commendable, the execution could complicate the transparency of nonprofit operations and lead to unintended consequences.

Contention

Some points of contention surrounding HB 4585 may include the balance between individual privacy and public transparency. Critics may express concerns that overly stringent privacy measures could hinder accountability in nonprofit organizations, affecting public trust in how these entities operate. Additionally, stakeholders might discuss the implications of defining what constitutes 'personal affiliation information,' as it could vary across different nonprofit sectors. The dialogue around these potential issues highlights the ongoing debate between protecting individual rights and ensuring organizational transparency.