87R5364 YDB-D
By: Klick H.B. No. 4275
A BILL TO BE ENTITLED
AN ACT
relating to the prohibited release by a public agency of
information regarding the members, supporters, or volunteers of or
donors to certain nonprofit organizations; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 10, Government Code, is
amended by adding Chapter 3001 to read as follows:
CHAPTER 3001. GOVERNMENTAL ACTION RELATED TO DONOR INFORMATION
Sec. 3001.001. DEFINITIONS. In this chapter:
(1) "Donor information" means a list, record,
registry, roster, or other compilation of any data that directly or
indirectly identifies a person as a member, supporter, or volunteer
of, or a donor of financial or nonfinancial support to, an entity
exempt from federal income tax under Section 501(a), Internal
Revenue Code of 1986, by being listed as an exempt organization
under Section 501(c)(3), (4), or (6), Internal Revenue Code of
1986.
(2) "Public agency" means a state or local
governmental unit, including:
(A) this state or a department, agency, office,
commission, board, division, or other entity of this state in the
executive branch of state government;
(B) any state or local court or other judicial or
quasi-judicial body in the judicial branch of state government; or
(C) a political subdivision of this state,
including a county, municipality, school district, community
college district, or any other local governmental unit, agency,
authority, council, board, or commission.
Sec. 3001.002. PROTECTED DONOR INFORMATION. (a)
Notwithstanding any other law except Section 3001.003, a public
agency or an officer or employee of a public agency may not:
(1) require an individual to provide donor information
to the agency or otherwise compel the release of donor information;
(2) require an entity exempt from federal income tax
under Section 501(a), Internal Revenue Code of 1986, by being
listed as an exempt organization under Section 501(c), Internal
Revenue Code of 1986, to provide donor information to the agency or
otherwise compel the release of donor information;
(3) release, publicize, or otherwise publicly
disclose donor information in the agency's possession; or
(4) request or require a current or prospective
contractor with or grantee of the agency to provide to the agency a
list of organizations exempt from federal income tax under Section
501(a), Internal Revenue Code of 1986, by being listed as exempt
organizations under Section 501(c), Internal Revenue Code of 1986,
to which the contractor or grantee has provided financial or
nonfinancial support.
(b) Donor information is excepted from release under
Chapter 552.
Sec. 3001.003. EXCEPTIONS. Section 3001.002 does not apply
to:
(1) donor information included in a report required to
be filed under state law by a candidate for public office, a public
official, or a person required to register as a lobbyist under
Chapter 305;
(2) a warrant for donor information issued by a court
of competent jurisdiction in this state;
(3) a request for discovery of donor information in an
action brought in a court of competent jurisdiction in this state if
the requestor:
(A) demonstrates by clear and convincing
evidence a compelling need for the information; and
(B) obtains a protective order barring release of
the information to any person not directly involved in the action;
and
(4) donor information admitted as relevant evidence in
an action before a court of competent jurisdiction provided the
court does not publicly release the information unless the court
specifically finds good cause for the release.
Sec. 3001.004. CIVIL ACTION. A person alleging a violation
of Section 3001.002 may bring a civil action to obtain appropriate:
(1) injunctive relief;
(2) damages incurred by the person in an amount equal
to:
(A) not less than $2,500 as compensatory damages
for injury or loss caused by each violation; or
(B) a sum not to exceed three times the amount
described in Paragraph (A) for each intentional violation; and
(3) court costs, including reasonable attorney's and
witness fees.
Sec. 3001.005. IMMUNITY WAIVED. A person who alleges a
violation of Section 3001.002 may sue the public agency for the
relief provided under Section 3001.004. Sovereign or governmental
immunity, as applicable, is waived and abolished to the extent of
liability for that relief.
Sec. 3001.006. CRIMINAL PENALTY. A person commits an
offense if the person violates Section 3001.002. An offense under
this section is a Class B misdemeanor.
SECTION 2. Chapter 3001, Government Code, as added by this
Act, applies only to donor information released or disclosed on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.