Texas 2023 - 88th Regular

Texas House Bill HB4585 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R9916 YDB-F
2	2	By: Hernandez H.B. No. 4585
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 personal
8	8	affiliation information regarding the members, supporters, or
9	9	volunteers of or donors to certain nonprofit organizations;
10	10	creating a criminal 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 PERSONAL AFFILIATION
15	15	INFORMATION
16	16	Sec. 3001.001. DEFINITIONS. In this chapter:
17	17	(1) "Nonprofit organization" means an entity that is
18	18	exempt from federal income tax under Section 501(a), Internal
19	19	Revenue Code of 1986, by being listed as an exempt entity under
20	20	Section 501(c) of that code, has submitted an application with the
21	21	Internal Revenue Service for recognition of an exemption under
22	22	Section 501(c) of that code, or is a nonprofit corporation or
23	23	association organized or formed under the laws of this state or
24	24	another state.
25	25	(2) "Personal affiliation information" means a list,
26	26	record, registry, roster, or other compilation of any data that
27	27	directly or indirectly identifies a person as a member, supporter,
28	28	or volunteer of, or a donor of financial or nonfinancial support to,
29	29	a nonprofit organization.
30	30	(3) "Public agency" means a state or local
31	31	governmental unit, including:
32	32	(A) this state or a department, agency, office,
33	33	commission, board, division, or other entity of this state in the
34	34	executive branch of state government;
35	35	(B) any state or local court or other judicial or
36	36	quasi-judicial body in the judicial branch of state government;
37	37	(C) a university system or an institution of
38	38	higher education, as defined by Section 61.003, Education Code; or
39	39	(D) a political subdivision of this state,
40	40	including a county, municipality, school district, community
41	41	college district, or any other local governmental unit, agency,
42	42	authority, council, board, or commission.
43	43	Sec. 3001.002. PROTECTED PERSONAL AFFILIATION INFORMATION.
44	44	(a) Notwithstanding any other law except Section 3001.003, a
45	45	public agency or an officer or employee of a public agency may not:
46	46	(1) require an individual to provide personal
47	47	affiliation information to the agency or otherwise compel the
48	48	release of personal affiliation information;
49	49	(2) require a nonprofit organization to provide
50	50	personal affiliation information to the agency or otherwise compel
51	51	the release of personal affiliation information;
52	52	(3) release, publicize, or otherwise publicly
53	53	disclose personal affiliation information in the agency's
54	54	possession; or
55	55	(4) request or require a current or prospective
56	56	contractor with or grantee of the agency to provide to the agency a
57	57	list of nonprofit organizations to which the contractor or grantee
58	58	has provided financial or nonfinancial support.
59	59	(b) Personal affiliation information is excepted from
60	60	release under Chapter 552.
61	61	Sec. 3001.003. EXCEPTIONS. Section 3001.002 does not apply
62	62	to:
63	63	(1) personal affiliation information included in a
64	64	report required to be filed under state law by a candidate for
65	65	public office, a public official, or a person required to register
66	66	as a lobbyist under Chapter 305;
67	67	(2) a warrant for personal affiliation information
68	68	issued by a court in this state;
69	69	(3) a request for discovery of personal affiliation
70	70	information in an action brought in a court in this state if the
71	71	requestor:
72	72	(A) demonstrates by clear and convincing
73	73	evidence a compelling need for the information; and
74	74	(B) obtains a protective order barring release of
75	75	the information to any person not directly involved in the action;
76	76	(4) personal affiliation information admitted as
77	77	relevant evidence in an action before a court provided the court
78	78	does not publicly release the information unless the court
79	79	specifically finds good cause for the release;
80	80	(5) personal affiliation information voluntarily
81	81	released to the public by a person or nonprofit organization;
82	82	(6) personal affiliation information disclosing the
83	83	identity of a director, officer, resident agent, or incorporator of
84	84	a nonprofit organization in any report, including a report required
85	85	under state law to be filed with the secretary of state, provided
86	86	that information directly identifying an individual as a donor of
87	87	financial support to a nonprofit organization is not collected or
88	88	disclosed;
89	89	(7) personal affiliation information that is derived
90	90	from an individual's donation to a nonprofit organization
91	91	affiliated with a public agency and is required by state law, unless
92	92	the individual submitted a request for the nonprofit organization
93	93	to maintain the individual's anonymity; and
94	94	(8) personal affiliation information obtained by a
95	95	national securities association registered under Section 15A of the
96	96	Securities Exchange Act of 1934 (15 U.S.C. Section 78o-3), obtained
97	97	under regulations adopted under that Act, or provided by a national
98	98	securities association to a state agency in accordance with that
99	99	Act and state law.
100	100	Sec. 3001.004. CIVIL ACTION. A person who alleges a
101	101	violation of Section 3001.002 may bring a civil action to obtain
102	102	appropriate:
103	103	(1) injunctive relief;
104	104	(2) damages incurred by the person in an amount equal
105	105	to:
106	106	(A) not less than $2,500 as compensatory damages
107	107	for injury or loss caused by each violation; or
108	108	(B) a sum not to exceed three times the amount
109	109	described in Paragraph (A) for each intentional violation; and
110	110	(3) court costs, including reasonable attorney's and
111	111	witness fees.
112	112	Sec. 3001.005. IMMUNITY WAIVED. A person who alleges a
113	113	violation of Section 3001.002 may sue the public agency for the
114	114	relief provided under Section 3001.004. Sovereign or governmental
115	115	immunity, as applicable, is waived and abolished to the extent of
116	116	liability for that relief.
117	117	Sec. 3001.006. CRIMINAL PENALTY. A person commits an
118	118	offense if the person violates Section 3001.002. An offense under
119	119	this section is a Class B misdemeanor.
120	120	SECTION 2. Chapter 3001, Government Code, as added by this
121	121	Act, applies only to personal affiliation information released or
122	122	disclosed on or after the effective date of this Act.
123	123	SECTION 3. This Act takes effect September 1, 2023.