Texas 2025 - 89th Regular

Texas Senate Bill SB1299 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R11683 GP-F
1	2		By: Campbell S.B. No. 1299
2		-	(In the Senate - Filed February 14, 2025; February 28, 2025,
3		-	read first time and referred to Committee on Business & Commerce;
4		-	April 9, 2025, reported favorably by the following vote: Yeas 10,
5		-	Nays 0; April 9, 2025, sent to printer.)
6		-	Click here to see the committee vote
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9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the prohibited release by a public agency of personal
12	10		affiliation information regarding the members, supporters, or
13	11		volunteers of or donors to certain nonprofit organizations;
14	12		creating a criminal offense.
15	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	14		SECTION 1. Subtitle Z, Title 10, Government Code, is
17	15		amended by adding Chapter 3001 to read as follows:
18	16		CHAPTER 3001. GOVERNMENTAL ACTION RELATED TO PERSONAL AFFILIATION
19	17		INFORMATION
20	18		Sec. 3001.001. DEFINITIONS. In this chapter:
21	19		(1) "Nonprofit organization" means an entity that is
22	20		exempt from federal income tax under Section 501(a), Internal
23	21		Revenue Code of 1986, by being listed as an exempt entity under
24	22		Section 501(c) of that code, has submitted an application with the
25	23		Internal Revenue Service for recognition of an exemption under
26	24		Section 501(c) of that code, or is a nonprofit corporation or
27	25		association organized or formed under the laws of this state or
28	26		another state.
29	27		(2) "Personal affiliation information" means a list,
30	28		record, registry, roster, or other compilation of any data that
31	29		directly or indirectly identifies a person as a member, supporter,
32	30		or volunteer of, or a donor of financial or nonfinancial support to,
33	31		a nonprofit organization.
34	32		(3) "Public agency" means a state or local
35	33		governmental unit:
36	34		(A) including:
37	35		(i) this state or a department, agency,
38	36		office, commission, board, division, or other entity of this state
39	37		in the executive branch of state government;
40	38		(ii) any state or local court or other
41	39		judicial or quasi-judicial body in the judicial branch of state
42	40		government; and
43	41		(iii) a political subdivision of this
44	42		state, including a county, municipality, school district,
45	43		community college district, or any other local governmental unit,
46	44		agency, authority, council, board, or commission; and
47	45		(B) not including an institution of higher
48	46		education, as defined by Section 61.003, Education Code.
49	47		Sec. 3001.002. PROTECTED PERSONAL AFFILIATION INFORMATION.
50	48		(a) Notwithstanding any other law except Section 3001.003, a
51	49		public agency or an officer or employee of a public agency may not:
52	50		(1) require an individual or a nonprofit organization
53	51		to provide personal affiliation information to the agency or
54	52		otherwise compel the release of personal affiliation information;
55	53		(2) release, publicize, or otherwise publicly
56	54		disclose personal affiliation information in the agency's
57	55		possession; or
58	56		(3) request or require a current or prospective
59	57		contractor with or grantee of the agency to provide to the agency a
60	58		list of nonprofit organizations to which the current or prospective
61	59		contractor or grantee has provided financial or nonfinancial
62	60		support.
63	61		(b) Personal affiliation information is excepted from
64	62		release under Chapter 552.
65	63		Sec. 3001.003. EXCEPTIONS. Section 3001.002 does not apply
66	64		to:
67	65		(1) personal affiliation information a public agency
68	66		releases that was voluntarily released to the public by the person
69	67		or nonprofit organization to which the information relates;
70	68		(2) personal affiliation information included in a
71	69		report required to be filed under Title 15, Election Code, under a
72	70		rule of the Texas Ethics Commission, or by a person required to
73	71		register as a lobbyist under Chapter 305;
74	72		(3) a warrant or subpoena for personal affiliation
75	73		information issued by a court of competent jurisdiction in this
76	74		state;
77	75		(4) a request for discovery of personal affiliation
78	76		information in an action brought in a court of competent
79	77		jurisdiction in this state if the requestor:
80	78		(A) demonstrates by clear and convincing
81	79		evidence a compelling need for the information; and
82	80		(B) obtains a protective order barring release of
83	81		the information to any person not named in the action;
84	82		(5) personal affiliation information admitted as
85	83		relevant evidence in an action before a court of competent
86	84		jurisdiction in this state, provided the court does not publicly
87	85		release the information unless the court specifically finds good
88	86		cause for the release;
89	87		(6) personal affiliation information the attorney
90	88		general obtains in an investigation conducted under Section 17.60
91	89		or 17.61, Business & Commerce Code, Section 252.010, Business
92	90		Organizations Code, or Subchapter B, Chapter 12, Business
93	91		Organizations Code, provided the collected personal affiliation
94	92		information:
95	93		(A) is used only in connection with the specific
96	94		investigation related to the request and any related proceeding;
97	95		and
98	96		(B) complies with Section 3001.002(a)(2), unless
99	97		the information's disclosure is expressly required by other law;
100	98		(7) personal affiliation information the attorney
101	99		general discloses in court pleadings, submissions of evidence, or
102	100		public communications related to a criminal proceeding or a civil
103	101		enforcement action, provided the public communications include
104	102		personal affiliation information only if the accused party is found
105	103		guilty in the criminal proceeding or liable in the civil
106	104		enforcement action;
107	105		(8) personal affiliation information disclosing the
108	106		identity of the members of the governing board or a director,
109	107		officer, registered agent, incorporator, or managerial official of
110	108		a nonprofit organization in any report required under state law to
111	109		be filed with the secretary of state, provided that information
112	110		directly identifying an individual as a donor of financial support
113	111		to a nonprofit organization may not be collected or disclosed;
114	112		(9) personal affiliation information obtained by a
115	113		national securities association registered under Section 15A of the
116	114		Securities Exchange Act of 1934 (15 U.S.C. Section 78o-3), obtained
117	115		under regulations adopted under that Act, or provided by a national
118	116		securities association to a state agency in accordance with that
119	117		Act and state law;
120	118		(10) personal affiliation information the Texas
121	119		Department of Criminal Justice requests for a criminal history
122	120		record information check or other security purposes in connection
123	121		with the provision of any program or service, including volunteer
124	122		and legal services, to an inmate, releasee, or person on community
125	123		supervision, provided the information is used only for the criminal
126	124		history record information check or security purposes;
127	125		(11) personal affiliation information included in
128	126		materials submitted to the office of the governor by an applicant
129	127		who is seeking consideration for a gubernatorial appointment,
130	128		provided:
131	129		(A) the office does not require the applicant to
132	130		submit a list of nonprofit organizations to which the individual
133	131		has provided financial support; and
134	132		(B) the applicant is not prohibited from
135	133		voluntarily providing the list; and
136	134		(12) personal affiliation information that is derived
137	135		from an individual's donation to a nonprofit organization
138	136		affiliated with a public agency and is required by state law, unless
139	137		the individual submitted a request for the nonprofit organization
140	138		to maintain the individual's anonymity.
141	139		Sec. 3001.004. CIVIL ACTION. A person who alleges a
142	140		violation of Section 3001.002 may bring a civil action to obtain
143	141		appropriate:
144	142		(1) injunctive relief;
145	143		(2) damages incurred by the person in an amount equal
146	144		to:
147	145		(A) not less than $2,500 as compensatory damages
148	146		for injury or loss caused by each violation; or
149	147		(B) a sum not to exceed three times the amount
150	148		described in Paragraph (A) for each intentional violation; and
151	149		(3) court costs, including reasonable attorney's and
152	150		witness fees.
153	151		Sec. 3001.005. IMMUNITY WAIVED. A person who alleges a
154	152		violation of Section 3001.002 may sue the public agency for the
155	153		relief provided under Section 3001.004. Sovereign or governmental
156	154		immunity, as applicable, is waived and abolished to the extent of
157	155		liability for that relief.
158	156		Sec. 3001.006. CRIMINAL PENALTY. A person commits an
159	157		offense if the person knowingly violates Section 3001.002. An
160	158		offense under this section is a Class B misdemeanor.
161	159		SECTION 2. Chapter 3001, Government Code, as added by this
162	160		Act, applies only to personal affiliation information released or
163	161		disclosed on or after the effective date of this Act.
164	162		SECTION 3. This Act takes effect September 1, 2025.
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