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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited release by a public agency of |
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information regarding the members, supporters, or volunteers of or |
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donors to certain nonprofit organizations; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 10, Government Code, is |
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amended by adding Chapter 3001 to read as follows: |
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CHAPTER 3001. GOVERNMENTAL ACTION RELATED TO DONOR INFORMATION |
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Sec. 3001.001. DEFINITIONS. In this chapter: |
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(1) "Donor information" means a list, record, |
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registry, roster, or other compilation of any data that directly or |
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indirectly identifies a person as a member, supporter, or volunteer |
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of, or a donor of financial or nonfinancial support to, an entity |
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exempt from federal income tax under Section 501(a), Internal |
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Revenue Code of 1986, by being listed as an exempt organization |
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under Section 501(c)(3), (4), or (6), Internal Revenue Code of |
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1986. |
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(2) "Public agency" means a state or local |
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governmental unit, including: |
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(A) this state or a department, agency, office, |
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commission, board, division, or other entity of this state in the |
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executive branch of state government; |
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(B) any state or local court or other judicial or |
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quasi-judicial body in the judicial branch of state government; or |
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(C) a political subdivision of this state, |
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including a county, municipality, school district, community |
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college district, or any other local governmental unit, agency, |
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authority, council, board, or commission. |
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Sec. 3001.002. PROTECTED DONOR INFORMATION. (a) |
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Notwithstanding any other law except Section 3001.003, a public |
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agency or an officer or employee of a public agency may not: |
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(1) require an individual to provide donor information |
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to the agency or otherwise compel the release of donor information; |
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(2) require an entity exempt from federal income tax |
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under Section 501(a), Internal Revenue Code of 1986, by being |
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listed as an exempt organization under Section 501(c), Internal |
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Revenue Code of 1986, to provide donor information to the agency or |
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otherwise compel the release of donor information; |
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(3) release, publicize, or otherwise publicly |
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disclose donor information in the agency's possession; or |
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(4) request or require a current or prospective |
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contractor with or grantee of the agency to provide to the agency a |
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list of organizations exempt from federal income tax under Section |
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501(a), Internal Revenue Code of 1986, by being listed as exempt |
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organizations under Section 501(c), Internal Revenue Code of 1986, |
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to which the contractor or grantee has provided financial or |
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nonfinancial support. |
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(b) Donor information is excepted from release under |
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Chapter 552. |
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Sec. 3001.003. EXCEPTIONS. Section 3001.002 does not apply |
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to: |
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(1) donor information included in a report required to |
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be filed under state law by a candidate for public office, a public |
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official, or a person required to register as a lobbyist under |
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Chapter 305; |
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(2) a warrant for donor information issued by a court |
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of competent jurisdiction in this state; |
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(3) a request for discovery of donor information in an |
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action brought in a court of competent jurisdiction in this state if |
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the requestor: |
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(A) demonstrates by clear and convincing |
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evidence a compelling need for the information; and |
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(B) obtains a protective order barring release of |
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the information to any person not directly involved in the action; |
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and |
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(4) donor information admitted as relevant evidence in |
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an action before a court of competent jurisdiction provided the |
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court does not publicly release the information unless the court |
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specifically finds good cause for the release. |
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Sec. 3001.004. CIVIL ACTION. A person alleging a violation |
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of Section 3001.002 may bring a civil action to obtain appropriate: |
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(1) injunctive relief; |
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(2) damages incurred by the person in an amount equal |
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to: |
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(A) not less than $2,500 as compensatory damages |
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for injury or loss caused by each violation; or |
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(B) a sum not to exceed three times the amount |
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described in Paragraph (A) for each intentional violation; and |
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(3) court costs, including reasonable attorney's and |
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witness fees. |
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Sec. 3001.005. IMMUNITY WAIVED. A person who alleges a |
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violation of Section 3001.002 may sue the public agency for the |
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relief provided under Section 3001.004. Sovereign or governmental |
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immunity, as applicable, is waived and abolished to the extent of |
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liability for that relief. |
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Sec. 3001.006. CRIMINAL PENALTY. A person commits an |
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offense if the person violates Section 3001.002. An offense under |
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this section is a Class B misdemeanor. |
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SECTION 2. Chapter 3001, Government Code, as added by this |
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Act, applies only to donor information released or disclosed on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |