Bill Text: TX SB958 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB958 Detail]
Download: Texas-2023-SB958-Comm_Sub.html
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: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB958 Detail]
Download: Texas-2023-SB958-Comm_Sub.html
By: Campbell | S.B. No. 958 | |
(In the Senate - Filed February 15, 2023; March 3, 2023, | ||
read first time and referred to Committee on Business & Commerce; | ||
April 17, 2023, reported favorably by the following vote: Yeas 10, | ||
Nays 0; April 17, 2023, sent to printer.) | ||
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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. | ||
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