By: Campbell  S.B. No. 1678
         (In the Senate - Filed March 11, 2021; March 24, 2021, read
  first time and referred to Committee on State Affairs;
  April 12, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 12, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1678 By:  Birdwell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the prohibited release by a public agency of
  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 DONOR INFORMATION
         Sec. 3001.001.  DEFINITIONS. In this chapter:
               (1)  "Donor 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, an entity
  exempt from federal income tax under Section 501(a), Internal
  Revenue Code of 1986, by being listed as an exempt organization
  under Section 501(c)(3), (4), or (6), Internal Revenue Code of
  1986.
               (2)  "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; or
                     (C)  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 DONOR 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 donor information
  to the agency or otherwise compel the release of donor information;
               (2)  require an entity exempt from federal income tax
  under Section 501(a), Internal Revenue Code of 1986, by being
  listed as an exempt organization under Section 501(c), Internal
  Revenue Code of 1986, to provide donor information to the agency or
  otherwise compel the release of donor information;
               (3)  release, publicize, or otherwise publicly
  disclose donor 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 organizations exempt from federal income tax under Section
  501(a), Internal Revenue Code of 1986, by being listed as exempt
  organizations under Section 501(c), Internal Revenue Code of 1986,
  to which the contractor or grantee has provided financial or
  nonfinancial support.
         (b)  Donor information is excepted from release under
  Chapter 552.
         Sec. 3001.003.  EXCEPTIONS. Section 3001.002 does not apply
  to:
               (1)  donor 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 donor information issued by a court
  of competent jurisdiction in this state;
               (3)  a request for discovery of donor 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 directly involved in the action;
               (4)  donor information admitted as relevant evidence in
  an action before a court of competent jurisdiction provided the
  court does not publicly release the information unless the court
  specifically finds good cause for the release; and
               (5)  any donor information contained in a document or
  instrument recorded or maintained by the secretary of state.
         Sec. 3001.004.  CIVIL ACTION. A person alleging 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 donor information released or disclosed on or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.
 
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