88R30903 YDB-F
By: Campbell S.B. No. 958
(Hernandez)
Substitute the following for S.B. No. 958: No.
A BILL TO BE ENTITLED
AN ACT
relating to the prohibited release by a public agency of personal
affiliation 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 PERSONAL AFFILIATION
INFORMATION
Sec. 3001.001. DEFINITIONS. In this chapter:
(1) "Nonprofit organization" means an entity that is
exempt from federal income tax under Section 501(a), Internal
Revenue Code of 1986, by being listed as an exempt entity under
Section 501(c) of that code, has submitted an application with the
Internal Revenue Service for recognition of an exemption under
Section 501(c) of that code, or is a nonprofit corporation or
association organized or formed under the laws of this state or
another state.
(2) "Personal affiliation 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,
a nonprofit organization.
(3) "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 PERSONAL AFFILIATION 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 personal
affiliation information to the agency or otherwise compel the
release of personal affiliation information;
(2) require a nonprofit organization to provide
personal affiliation information to the agency or otherwise compel
the release of personal affiliation information;
(3) release, publicize, or otherwise publicly
disclose personal affiliation 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 nonprofit organizations to which the contractor or grantee
has provided financial or nonfinancial support.
(b) Personal affiliation information is excepted from
release under Chapter 552.
Sec. 3001.003. EXCEPTIONS. Section 3001.002 does not apply
to:
(1) personal affiliation 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 personal affiliation information
issued by a court in this state;
(3) a request for discovery of personal affiliation
information in an action brought in a court 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;
(4) personal affiliation information admitted as
relevant evidence in an action before a court, provided the court
does not publicly release the information unless the court
specifically finds good cause for the release;
(5) personal affiliation information a public agency
releases that was voluntarily released to the public by a person or
nonprofit organization to which the information relates;
(6) personal affiliation information disclosing the
identity of the members of the governing board or a director,
officer, registered agent, incorporator, or managerial official of
a nonprofit organization in any report, including a report required
under state law to be filed with the secretary of state, provided
that information directly identifying an individual as a donor of
financial support to a nonprofit organization is not collected or
disclosed;
(7) personal affiliation information that is derived
from an individual's donation to a nonprofit organization
affiliated with a public agency and is required by state law, unless
the individual submitted a request for the nonprofit organization
to maintain the individual's anonymity;
(8) personal affiliation information obtained by a
national securities association registered under Section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. Section 78o-3), obtained
under regulations adopted under that Act, or provided by a national
securities association to a state agency in accordance with that
Act and state law;
(9) personal affiliation information included in
materials submitted to the office of the governor by an applicant
who is seeking consideration for a gubernatorial appointment,
provided:
(A) the office does not require the applicant to
submit a list of nonprofit organizations to which the individual
has provided financial support; and
(B) the applicant is not prohibited from
voluntarily providing the list;
(10) personal affiliation information the Texas
Department of Criminal Justice requests for a criminal history
record information check or other security purposes in connection
with the provision of any program or service, including volunteer
and legal services, to an inmate, releasee, or person on community
supervision, provided the information is used only for the record
information check or security purposes;
(11) personal affiliation information the attorney
general obtains in an investigation conducted under Section 17.61,
Business & Commerce Code, Section 252.010, Business Organizations
Code, or Subchapter B, Chapter 12, Business Organizations Code,
provided the collected personal affiliation information:
(A) is used only in connection with the specific
investigation related to the request and any related proceeding;
and
(B) complies with Section 3001.002(a)(3), unless
the information's disclosure is expressly required by other law;
and
(12) the attorney general's disclosure of personal
affiliation information in court pleadings, submissions of
evidence, or public communications related to a criminal proceeding
or a civil enforcement action, provided the public communications
include personal affiliation information only if the accused party
is found guilty in the criminal proceeding or liable in the civil
enforcement action.
Sec. 3001.004. CIVIL ACTION. A person who alleges 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 knowingly 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 personal affiliation information released or
disclosed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.