Texas 2025 - 89th Regular

Texas House Bill HB2892 Compare Versions

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

Old	New	Differences
1	1	89R11683 GP-F
2	2	By: Hernandez H.B. No. 2892
3	3
4	4
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:
34	34	(A) including:
35	35	(i) this state or a department, agency,
36	36	office, commission, board, division, or other entity of this state
37	37	in the executive branch of state government;
38	38	(ii) any state or local court or other
39	39	judicial or quasi-judicial body in the judicial branch of state
40	40	government; and
41	41	(iii) a political subdivision of this
42	42	state, including a county, municipality, school district,
43	43	community college district, or any other local governmental unit,
44	44	agency, authority, council, board, or commission; and
45	45	(B) not including an institution of higher
46	46	education, as defined by Section 61.003, Education Code.
47	47	Sec. 3001.002. PROTECTED PERSONAL AFFILIATION INFORMATION.
48	48	(a) Notwithstanding any other law except Section 3001.003, a
49	49	public agency or an officer or employee of a public agency may not:
50	50	(1) require an individual or a nonprofit organization
51	51	to provide personal affiliation information to the agency or
52	52	otherwise compel the release of personal affiliation information;
53	53	(2) release, publicize, or otherwise publicly
54	54	disclose personal affiliation information in the agency's
55	55	possession; or
56	56	(3) request or require a current or prospective
57	57	contractor with or grantee of the agency to provide to the agency a
58	58	list of nonprofit organizations to which the current or prospective
59	59	contractor or grantee has provided financial or nonfinancial
60	60	support.
61	61	(b) Personal affiliation information is excepted from
62	62	release under Chapter 552.
63	63	Sec. 3001.003. EXCEPTIONS. Section 3001.002 does not apply
64	64	to:
65	65	(1) personal affiliation information a public agency
66	66	releases that was voluntarily released to the public by the person
67	67	or nonprofit organization to which the information relates;
68	68	(2) personal affiliation information included in a
69	69	report required to be filed under Title 15, Election Code, under a
70	70	rule of the Texas Ethics Commission, or by a person required to
71	71	register as a lobbyist under Chapter 305;
72	72	(3) a warrant or subpoena for personal affiliation
73	73	information issued by a court of competent jurisdiction in this
74	74	state;
75	75	(4) a request for discovery of personal affiliation
76	76	information in an action brought in a court of competent
77	77	jurisdiction in this state if the requestor:
78	78	(A) demonstrates by clear and convincing
79	79	evidence a compelling need for the information; and
80	80	(B) obtains a protective order barring release of
81	81	the information to any person not named in the action;
82	82	(5) personal affiliation information admitted as
83	83	relevant evidence in an action before a court of competent
84	84	jurisdiction in this state, provided the court does not publicly
85	85	release the information unless the court specifically finds good
86	86	cause for the release;
87	87	(6) personal affiliation information the attorney
88	88	general obtains in an investigation conducted under Section 17.60
89	89	or 17.61, Business & Commerce Code, Section 252.010, Business
90	90	Organizations Code, or Subchapter B, Chapter 12, Business
91	91	Organizations Code, provided the collected personal affiliation
92	92	information:
93	93	(A) is used only in connection with the specific
94	94	investigation related to the request and any related proceeding;
95	95	and
96	96	(B) complies with Section 3001.002(a)(2), unless
97	97	the information's disclosure is expressly required by other law;
98	98	(7) personal affiliation information the attorney
99	99	general discloses in court pleadings, submissions of evidence, or
100	100	public communications related to a criminal proceeding or a civil
101	101	enforcement action, provided the public communications include
102	102	personal affiliation information only if the accused party is found
103	103	guilty in the criminal proceeding or liable in the civil
104	104	enforcement action;
105	105	(8) personal affiliation information disclosing the
106	106	identity of the members of the governing board or a director,
107	107	officer, registered agent, incorporator, or managerial official of
108	108	a nonprofit organization in any report required under state law to
109	109	be filed with the secretary of state, provided that information
110	110	directly identifying an individual as a donor of financial support
111	111	to a nonprofit organization may not be collected or disclosed;
112	112	(9) personal affiliation information obtained by a
113	113	national securities association registered under Section 15A of the
114	114	Securities Exchange Act of 1934 (15 U.S.C. Section 78o-3), obtained
115	115	under regulations adopted under that Act, or provided by a national
116	116	securities association to a state agency in accordance with that
117	117	Act and state law;
118	118	(10) personal affiliation information the Texas
119	119	Department of Criminal Justice requests for a criminal history
120	120	record information check or other security purposes in connection
121	121	with the provision of any program or service, including volunteer
122	122	and legal services, to an inmate, releasee, or person on community
123	123	supervision, provided the information is used only for the criminal
124	124	history record information check or security purposes;
125	125	(11) personal affiliation information included in
126	126	materials submitted to the office of the governor by an applicant
127	127	who is seeking consideration for a gubernatorial appointment,
128	128	provided:
129	129	(A) the office does not require the applicant to
130	130	submit a list of nonprofit organizations to which the individual
131	131	has provided financial support; and
132	132	(B) the applicant is not prohibited from
133	133	voluntarily providing the list; and
134	134	(12) personal affiliation information that is derived
135	135	from an individual's donation to a nonprofit organization
136	136	affiliated with a public agency and is required by state law, unless
137	137	the individual submitted a request for the nonprofit organization
138	138	to maintain the individual's anonymity.
139	139	Sec. 3001.004. CIVIL ACTION. A person who alleges a
140	140	violation of Section 3001.002 may bring a civil action to obtain
141	141	appropriate:
142	142	(1) injunctive relief;
143	143	(2) damages incurred by the person in an amount equal
144	144	to:
145	145	(A) not less than $2,500 as compensatory damages
146	146	for injury or loss caused by each violation; or
147	147	(B) a sum not to exceed three times the amount
148	148	described in Paragraph (A) for each intentional violation; and
149	149	(3) court costs, including reasonable attorney's and
150	150	witness fees.
151	151	Sec. 3001.005. IMMUNITY WAIVED. A person who alleges a
152	152	violation of Section 3001.002 may sue the public agency for the
153	153	relief provided under Section 3001.004. Sovereign or governmental
154	154	immunity, as applicable, is waived and abolished to the extent of
155	155	liability for that relief.
156	156	Sec. 3001.006. CRIMINAL PENALTY. A person commits an
157	157	offense if the person knowingly violates Section 3001.002. An
158	158	offense under this section is a Class B misdemeanor.
159	159	SECTION 2. Chapter 3001, Government Code, as added by this
160	160	Act, applies only to personal affiliation information released or
161	161	disclosed on or after the effective date of this Act.
162	162	SECTION 3. This Act takes effect September 1, 2025.