Bill Text: TX HB4585 | 2023-2024 | 88th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [HB4585 Detail]
Download: Texas-2023-HB4585-Introduced.html
| 88R9916 YDB-F | ||
| By: Hernandez | H.B. No. 4585 | |
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| 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; | ||
| (C) a university system or an institution of | ||
| higher education, as defined by Section 61.003, Education Code; or | ||
| (D) 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 voluntarily | ||
| released to the public by a person or nonprofit organization; | ||
| (6) personal affiliation information disclosing the | ||
| identity of a director, officer, resident agent, or incorporator 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; and | ||
| (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. | ||
| 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 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. | ||
