Texas 2023 - 88th Regular

Texas Senate Bill SB958 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R30903 YDB-F
2	2	By: Campbell S.B. No. 958
3	3	(Hernandez)
4	4	Substitute the following for S.B. No. 958: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibited release by a public agency of personal
10	10	affiliation information regarding the members, supporters, or
11	11	volunteers of or donors to certain nonprofit organizations;
12	12	creating a criminal offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle Z, Title 10, Government Code, is
15	15	amended by adding Chapter 3001 to read as follows:
16	16	CHAPTER 3001. GOVERNMENTAL ACTION RELATED TO PERSONAL AFFILIATION
17	17	INFORMATION
18	18	Sec. 3001.001. DEFINITIONS. In this chapter:
19	19	(1) "Nonprofit organization" means an entity that is
20	20	exempt from federal income tax under Section 501(a), Internal
21	21	Revenue Code of 1986, by being listed as an exempt entity under
22	22	Section 501(c) of that code, has submitted an application with the
23	23	Internal Revenue Service for recognition of an exemption under
24	24	Section 501(c) of that code, or is a nonprofit corporation or
25	25	association organized or formed under the laws of this state or
26	26	another state.
27	27	(2) "Personal affiliation information" means a list,
28	28	record, registry, roster, or other compilation of any data that
29	29	directly or indirectly identifies a person as a member, supporter,
30	30	or volunteer of, or a donor of financial or nonfinancial support to,
31	31	a nonprofit organization.
32	32	(3) "Public agency" means a state or local
33	33	governmental unit, including:
34	34	(A) this state or a department, agency, office,
35	35	commission, board, division, or other entity of this state in the
36	36	executive branch of state government;
37	37	(B) any state or local court or other judicial or
38	38	quasi-judicial body in the judicial branch of state government; or
39	39	(C) 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 a public agency
81	81	releases that was voluntarily released to the public by a person or
82	82	nonprofit organization to which the information relates;
83	83	(6) personal affiliation information disclosing the
84	84	identity of the members of the governing board or a director,
85	85	officer, registered agent, incorporator, or managerial official of
86	86	a nonprofit organization in any report, including a report required
87	87	under state law to be filed with the secretary of state, provided
88	88	that information directly identifying an individual as a donor of
89	89	financial support to a nonprofit organization is not collected or
90	90	disclosed;
91	91	(7) personal affiliation information that is derived
92	92	from an individual's donation to a nonprofit organization
93	93	affiliated with a public agency and is required by state law, unless
94	94	the individual submitted a request for the nonprofit organization
95	95	to maintain the individual's anonymity;
96	96	(8) personal affiliation information obtained by a
97	97	national securities association registered under Section 15A of the
98	98	Securities Exchange Act of 1934 (15 U.S.C. Section 78o-3), obtained
99	99	under regulations adopted under that Act, or provided by a national
100	100	securities association to a state agency in accordance with that
101	101	Act and state law;
102	102	(9) personal affiliation information included in
103	103	materials submitted to the office of the governor by an applicant
104	104	who is seeking consideration for a gubernatorial appointment,
105	105	provided:
106	106	(A) the office does not require the applicant to
107	107	submit a list of nonprofit organizations to which the individual
108	108	has provided financial support; and
109	109	(B) the applicant is not prohibited from
110	110	voluntarily providing the list;
111	111	(10) personal affiliation information the Texas
112	112	Department of Criminal Justice requests for a criminal history
113	113	record information check or other security purposes in connection
114	114	with the provision of any program or service, including volunteer
115	115	and legal services, to an inmate, releasee, or person on community
116	116	supervision, provided the information is used only for the record
117	117	information check or security purposes;
118	118	(11) personal affiliation information the attorney
119	119	general obtains in an investigation conducted under Section 17.61,
120	120	Business & Commerce Code, Section 252.010, Business Organizations
121	121	Code, or Subchapter B, Chapter 12, Business Organizations Code,
122	122	provided the collected personal affiliation information:
123	123	(A) is used only in connection with the specific
124	124	investigation related to the request and any related proceeding;
125	125	and
126	126	(B) complies with Section 3001.002(a)(3), unless
127	127	the information's disclosure is expressly required by other law;
128	128	and
129	129	(12) the attorney general's disclosure of personal
130	130	affiliation information in court pleadings, submissions of
131	131	evidence, or public communications related to a criminal proceeding
132	132	or a civil enforcement action, provided the public communications
133	133	include personal affiliation information only if the accused party
134	134	is found guilty in the criminal proceeding or liable in the civil
135	135	enforcement action.
136	136	Sec. 3001.004. CIVIL ACTION. A person who alleges a
137	137	violation of Section 3001.002 may bring a civil action to obtain
138	138	appropriate:
139	139	(1) injunctive relief;
140	140	(2) damages incurred by the person in an amount equal
141	141	to:
142	142	(A) not less than $2,500 as compensatory damages
143	143	for injury or loss caused by each violation; or
144	144	(B) a sum not to exceed three times the amount
145	145	described in Paragraph (A) for each intentional violation; and
146	146	(3) court costs, including reasonable attorney's and
147	147	witness fees.
148	148	Sec. 3001.005. IMMUNITY WAIVED. A person who alleges a
149	149	violation of Section 3001.002 may sue the public agency for the
150	150	relief provided under Section 3001.004. Sovereign or governmental
151	151	immunity, as applicable, is waived and abolished to the extent of
152	152	liability for that relief.
153	153	Sec. 3001.006. CRIMINAL PENALTY. A person commits an
154	154	offense if the person knowingly violates Section 3001.002. An
155	155	offense under this section is a Class B misdemeanor.
156	156	SECTION 2. Chapter 3001, Government Code, as added by this
157	157	Act, applies only to personal affiliation information released or
158	158	disclosed on or after the effective date of this Act.
159	159	SECTION 3. This Act takes effect September 1, 2023.