Government restrictions on releasing nonprofit supporter lists

The text as introduced · 1,207 words

89R11683 GP-F

By: Hernandez
H.B. No. 2892

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:

(A) including:

(i) this state or a department, agency,

office, commission, board, division, or other entity of this state

in the executive branch of state government;

(ii) any state or local court or other

judicial or quasi-judicial body in the judicial branch of state

government; and

(iii) 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; and

(B) not including an institution of higher

education, as defined by Section 61.003, Education Code.

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 or a nonprofit organization

to provide personal affiliation information to the agency or

otherwise compel the release of personal affiliation information;

(2) release, publicize, or otherwise publicly

disclose personal affiliation information in the agency's

possession; or

(3) 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 current or prospective

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 a public agency

releases that was voluntarily released to the public by the person

or nonprofit organization to which the information relates;

(2) personal affiliation information included in a

report required to be filed under Title 15, Election Code, under a

rule of the Texas Ethics Commission, or by a person required to

register as a lobbyist under Chapter 305;

(3) a warrant or subpoena for personal affiliation

information issued by a court of competent jurisdiction in this

state;

(4) a request for discovery of personal affiliation

information in an action brought in a court of competent

jurisdiction 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 named in the action;

(5) personal affiliation information admitted as

relevant evidence in an action before a court of competent

jurisdiction in this state, provided the court does not publicly

release the information unless the court specifically finds good

cause for the release;

(6) personal affiliation information the attorney

general obtains in an investigation conducted under Section 17.60

or 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)(2), unless

the information's disclosure is expressly required by other law;

(7) personal affiliation information the attorney

general discloses 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;

(8) 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 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 may not be collected or disclosed;

(9) 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;

(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 criminal

history record information check or security purposes;

(11) 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; and

(12) 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.

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, 2025.