Texas 2021 - 87th Regular

Texas House Bill HB4275 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5364 YDB-D
2	2	By: Klick H.B. No. 4275
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibited release by a public agency of
8	8	information regarding the members, supporters, or volunteers of or
9	9	donors to certain nonprofit organizations; creating a criminal
10	10	offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle Z, Title 10, Government Code, is
13	13	amended by adding Chapter 3001 to read as follows:
14	14	CHAPTER 3001. GOVERNMENTAL ACTION RELATED TO DONOR INFORMATION
15	15	Sec. 3001.001. DEFINITIONS. In this chapter:
16	16	(1) "Donor information" means a list, record,
17	17	registry, roster, or other compilation of any data that directly or
18	18	indirectly identifies a person as a member, supporter, or volunteer
19	19	of, or a donor of financial or nonfinancial support to, an entity
20	20	exempt from federal income tax under Section 501(a), Internal
21	21	Revenue Code of 1986, by being listed as an exempt organization
22	22	under Section 501(c)(3), (4), or (6), Internal Revenue Code of
23	23	1986.
24	24	(2) "Public agency" means a state or local
25	25	governmental unit, including:
26	26	(A) this state or a department, agency, office,
27	27	commission, board, division, or other entity of this state in the
28	28	executive branch of state government;
29	29	(B) any state or local court or other judicial or
30	30	quasi-judicial body in the judicial branch of state government; or
31	31	(C) a political subdivision of this state,
32	32	including a county, municipality, school district, community
33	33	college district, or any other local governmental unit, agency,
34	34	authority, council, board, or commission.
35	35	Sec. 3001.002. PROTECTED DONOR INFORMATION. (a)
36	36	Notwithstanding any other law except Section 3001.003, a public
37	37	agency or an officer or employee of a public agency may not:
38	38	(1) require an individual to provide donor information
39	39	to the agency or otherwise compel the release of donor information;
40	40	(2) require an entity exempt from federal income tax
41	41	under Section 501(a), Internal Revenue Code of 1986, by being
42	42	listed as an exempt organization under Section 501(c), Internal
43	43	Revenue Code of 1986, to provide donor information to the agency or
44	44	otherwise compel the release of donor information;
45	45	(3) release, publicize, or otherwise publicly
46	46	disclose donor information in the agency's possession; or
47	47	(4) request or require a current or prospective
48	48	contractor with or grantee of the agency to provide to the agency a
49	49	list of organizations exempt from federal income tax under Section
50	50	501(a), Internal Revenue Code of 1986, by being listed as exempt
51	51	organizations under Section 501(c), Internal Revenue Code of 1986,
52	52	to which the contractor or grantee has provided financial or
53	53	nonfinancial support.
54	54	(b) Donor information is excepted from release under
55	55	Chapter 552.
56	56	Sec. 3001.003. EXCEPTIONS. Section 3001.002 does not apply
57	57	to:
58	58	(1) donor information included in a report required to
59	59	be filed under state law by a candidate for public office, a public
60	60	official, or a person required to register as a lobbyist under
61	61	Chapter 305;
62	62	(2) a warrant for donor information issued by a court
63	63	of competent jurisdiction in this state;
64	64	(3) a request for discovery of donor information in an
65	65	action brought in a court of competent jurisdiction in this state if
66	66	the requestor:
67	67	(A) demonstrates by clear and convincing
68	68	evidence a compelling need for the information; and
69	69	(B) obtains a protective order barring release of
70	70	the information to any person not directly involved in the action;
71	71	and
72	72	(4) donor information admitted as relevant evidence in
73	73	an action before a court of competent jurisdiction provided the
74	74	court does not publicly release the information unless the court
75	75	specifically finds good cause for the release.
76	76	Sec. 3001.004. CIVIL ACTION. A person alleging a violation
77	77	of Section 3001.002 may bring a civil action to obtain appropriate:
78	78	(1) injunctive relief;
79	79	(2) damages incurred by the person in an amount equal
80	80	to:
81	81	(A) not less than $2,500 as compensatory damages
82	82	for injury or loss caused by each violation; or
83	83	(B) a sum not to exceed three times the amount
84	84	described in Paragraph (A) for each intentional violation; and
85	85	(3) court costs, including reasonable attorney's and
86	86	witness fees.
87	87	Sec. 3001.005. IMMUNITY WAIVED. A person who alleges a
88	88	violation of Section 3001.002 may sue the public agency for the
89	89	relief provided under Section 3001.004. Sovereign or governmental
90	90	immunity, as applicable, is waived and abolished to the extent of
91	91	liability for that relief.
92	92	Sec. 3001.006. CRIMINAL PENALTY. A person commits an
93	93	offense if the person violates Section 3001.002. An offense under
94	94	this section is a Class B misdemeanor.
95	95	SECTION 2. Chapter 3001, Government Code, as added by this
96	96	Act, applies only to donor information released or disclosed on or
97	97	after the effective date of this Act.
98	98	SECTION 3. This Act takes effect September 1, 2021.