Texas 2011 - 82nd Regular

Texas House Bill HB3573 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: King of Taylor, et al. (Senate Sponsor - Fraser) H.B. No. 3573
2	2	(In the Senate - Received from the House May 5, 2011;
3	3	May 9, 2011, read first time and referred to Committee on Business
4	4	and Commerce; May 18, 2011, reported favorably by the following
5	5	vote: Yeas 8, Nays 0; May 18, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to limiting the disclosure of certain information
11	11	regarding certain charitable organizations, trusts, private
12	12	foundations, and grant-making organizations.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
15	15	amended by adding Section 2252.906 to read as follows:
16	16	Sec. 2252.906. DISCLOSURE PROTECTIONS FOR CERTAIN
17	17	CHARITABLE ORGANIZATIONS, CHARITABLE TRUSTS, AND PRIVATE
18	18	FOUNDATIONS. (a) In this section:
19	19	(1) "Charitable organization" means an organization
20	20	that is exempt from federal income tax under Section 501(a),
21	21	Internal Revenue Code of 1986, by being listed as an exempt
22	22	organization in Section 501(c) of that code. The term does not
23	23	include a property owners' or homeowners' association.
24	24	(2) "Grant-making organization" means an organization
25	25	that makes grants to charitable organizations but is not a private
26	26	foundation, private foundation trust, or split interest trust.
27	27	(3) "Private foundation" has the meaning assigned by
28	28	Section 509(a), Internal Revenue Code of 1986.
29	29	(4) "Split interest trust" means an irrevocable trust
30	30	in which the income is first dispersed to the beneficiaries of the
31	31	trust for a specified period and the remainder of the trust is
32	32	donated to a designated charity.
33	33	(b) Unless the individual has given written consent to the
34	34	disclosure, a governmental entity may not require a charitable
35	35	organization, private foundation trust, split interest trust, or
36	36	private foundation to disclose the race, religion, gender, national
37	37	origin, socioeconomic status, age, ethnicity, disability, marital
38	38	status, sexual orientation, or political party registration of an
39	39	employee, officer, director, trustee, or member of the
40	40	organization, trust, or foundation.
41	41	(c) Unless the individual has given written consent to the
42	42	disclosure, a governmental entity may not require a private
43	43	foundation, private foundation trust, split interest trust, or
44	44	grant-making organization to disclose the race, religion, gender,
45	45	national origin, socioeconomic status, age, ethnicity, disability,
46	46	marital status, sexual orientation, or political party
47	47	registration of:
48	48	(1) a person who receives money or in-kind
49	49	contributions from or contracts with the foundation, trust, or
50	50	organization; or
51	51	(2) an employee, officer, director, trustee, member,
52	52	or owner of an entity that receives money or in-kind contributions
53	53	from or contracts with the foundation, trust, or organization.
54	54	(d) A governmental entity may not:
55	55	(1) require that the governing board or officers of a
56	56	charitable organization, private foundation trust, split interest
57	57	trust, or private foundation include an individual of any
58	58	particular race, religion, gender, national origin, socioeconomic
59	59	status, age, ethnicity, disability, marital status, sexual
60	60	orientation, or political party registration;
61	61	(2) prohibit an individual from serving as a board
62	62	member or officer of the organization, trust, or foundation based
63	63	on the individual's familial relationship to:
64	64	(A) another board member or officer of the
65	65	organization, trust, or foundation; or
66	66	(B) a donor to the organization, trust, or
67	67	foundation; or
68	68	(3) require the governing board or officers of the
69	69	organization, trust, or foundation to include one or more
70	70	individuals who do not share a familial relationship with the board
71	71	members or officers or with a donor.
72	72	(e) Except as a condition on the expenditure of particular
73	73	funds imposed by the donor of the funds, a governmental entity may
74	74	not require a charitable organization, private foundation trust,
75	75	split interest trust, or private foundation to distribute its funds
76	76	to or contract with a person or entity based on the race, religion,
77	77	gender, national origin, socioeconomic status, age, ethnicity,
78	78	disability, marital status, sexual orientation, or political party
79	79	registration of:
80	80	(1) the person or of an employee, officer, director,
81	81	trustee, member, or owner of the entity; or
82	82	(2) the populations, locales, or communities served by
83	83	the person or entity.
84	84	(f) This section does not limit the authority of the
85	85	attorney general to investigate or enforce laws of this state in
86	86	accordance with the attorney general's duty to protect the public
87	87	interest in charity.
88	88	SECTION 2. Section 2252.906, Government Code, as added by
89	89	this Act, does not apply to or invalidate a contract in effect
90	90	before the effective date of this Act.
91	91	SECTION 3. This Act takes effect September 1, 2011.
92	92	* * * * *