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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the disclosure of certain information |
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regarding certain charitable organizations, trusts, private |
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foundations, and grant-making organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.906 to read as follows: |
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Sec. 2252.906. DISCLOSURE PROTECTIONS FOR CERTAIN |
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CHARITABLE ORGANIZATIONS, CHARITABLE TRUSTS, AND PRIVATE |
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FOUNDATIONS. (a) In this section: |
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(1) "Charitable organization" means an organization |
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that is exempt from federal income tax under Section 501(a), |
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Internal Revenue Code of 1986, by being listed as an exempt |
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organization in Section 501(c) of that code. The term does not |
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include a property owners' or homeowners' association. |
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(2) "Grant-making organization" means an organization |
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that makes grants to charitable organizations but is not a private |
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foundation, private foundation trust, or split interest trust. |
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(3) "Private foundation" has the meaning assigned by |
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Section 509(a), Internal Revenue Code of 1986. |
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(4) "Split interest trust" means an irrevocable trust |
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in which the income is first dispersed to the beneficiaries of the |
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trust for a specified period and the remainder of the trust is |
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donated to a designated charity. |
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(b) Unless the individual has given written consent to the |
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disclosure, a governmental entity may not require a charitable |
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organization, private foundation trust, split interest trust, or |
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private foundation to disclose the race, religion, gender, national |
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origin, socioeconomic status, age, ethnicity, disability, marital |
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status, sexual orientation, or political party registration of an |
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employee, officer, director, trustee, or member of the |
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organization, trust, or foundation. |
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(c) Unless the individual has given written consent to the |
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disclosure, a governmental entity may not require a private |
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foundation, private foundation trust, split interest trust, or |
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grant-making organization to disclose the race, religion, gender, |
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national origin, socioeconomic status, age, ethnicity, disability, |
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marital status, sexual orientation, or political party |
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registration of: |
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(1) a person who receives money or in-kind |
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contributions from or contracts with the foundation, trust, or |
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organization; or |
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(2) an employee, officer, director, trustee, member, |
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or owner of an entity that receives money or in-kind contributions |
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from or contracts with the foundation, trust, or organization. |
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(d) A governmental entity may not: |
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(1) require that the governing board or officers of a |
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charitable organization, private foundation trust, split interest |
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trust, or private foundation include an individual of any |
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particular race, religion, gender, national origin, socioeconomic |
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status, age, ethnicity, disability, marital status, sexual |
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orientation, or political party registration; |
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(2) prohibit an individual from serving as a board |
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member or officer of the organization, trust, or foundation based |
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on the individual's familial relationship to: |
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(A) another board member or officer of the |
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organization, trust, or foundation; or |
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(B) a donor to the organization, trust, or |
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foundation; or |
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(3) require the governing board or officers of the |
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organization, trust, or foundation to include one or more |
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individuals who do not share a familial relationship with the board |
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members or officers or with a donor. |
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(e) Except as a condition on the expenditure of particular |
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funds imposed by the donor of the funds, a governmental entity may |
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not require a charitable organization, private foundation trust, |
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split interest trust, or private foundation to distribute its funds |
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to or contract with a person or entity based on the race, religion, |
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gender, national origin, socioeconomic status, age, ethnicity, |
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disability, marital status, sexual orientation, or political party |
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registration of: |
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(1) the person or of an employee, officer, director, |
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trustee, member, or owner of the entity; or |
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(2) the populations, locales, or communities served by |
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the person or entity. |
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(f) This section does not limit the authority of the |
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attorney general to investigate or enforce laws of this state in |
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accordance with the attorney general's duty to protect the public |
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interest in charity. |
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SECTION 2. Section 2252.906, Government Code, as added by |
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this Act, does not apply to or invalidate a contract in effect |
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before the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |