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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 personal |
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affiliation information regarding the members, supporters, or |
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volunteers of or donors to certain nonprofit organizations; |
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creating a criminal 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 PERSONAL AFFILIATION |
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INFORMATION |
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Sec. 3001.001. DEFINITIONS. In this chapter: |
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(1) "Nonprofit organization" means an entity that is |
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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 entity under |
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Section 501(c) of that code, has submitted an application with the |
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Internal Revenue Service for recognition of an exemption under |
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Section 501(c) of that code, or is a nonprofit corporation or |
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association organized or formed under the laws of this state or |
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another state. |
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(2) "Personal affiliation information" means a list, |
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record, registry, roster, or other compilation of any data that |
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directly or indirectly identifies a person as a member, supporter, |
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or volunteer of, or a donor of financial or nonfinancial support to, |
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a nonprofit organization. |
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(3) "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; |
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(C) a university system or an institution of |
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higher education, as defined by Section 61.003, Education Code; or |
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(D) 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 PERSONAL AFFILIATION INFORMATION. |
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(a) Notwithstanding any other law except Section 3001.003, a |
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public agency or an officer or employee of a public agency may not: |
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(1) require an individual to provide personal |
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affiliation information to the agency or otherwise compel the |
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release of personal affiliation information; |
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(2) require a nonprofit organization to provide |
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personal affiliation information to the agency or otherwise compel |
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the release of personal affiliation information; |
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(3) release, publicize, or otherwise publicly |
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disclose personal affiliation information in the agency's |
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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 nonprofit organizations to which the contractor or grantee |
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has provided financial or nonfinancial support. |
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(b) Personal affiliation information is excepted from |
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release under 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) personal affiliation information included in a |
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report required to be filed under state law by a candidate for |
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public office, a public official, or a person required to register |
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as a lobbyist under Chapter 305; |
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(2) a warrant for personal affiliation information |
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issued by a court in this state; |
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(3) a request for discovery of personal affiliation |
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information in an action brought in a court in this state if the |
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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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(4) personal affiliation information admitted as |
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relevant evidence in an action before a court provided the court |
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does not publicly release the information unless the court |
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specifically finds good cause for the release; |
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(5) personal affiliation information voluntarily |
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released to the public by a person or nonprofit organization; |
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(6) personal affiliation information disclosing the |
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identity of a director, officer, resident agent, or incorporator of |
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a nonprofit organization in any report, including a report required |
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under state law to be filed with the secretary of state, provided |
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that information directly identifying an individual as a donor of |
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financial support to a nonprofit organization is not collected or |
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disclosed; |
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(7) personal affiliation information that is derived |
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from an individual's donation to a nonprofit organization |
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affiliated with a public agency and is required by state law, unless |
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the individual submitted a request for the nonprofit organization |
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to maintain the individual's anonymity; and |
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(8) personal affiliation information obtained by a |
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national securities association registered under Section 15A of the |
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Securities Exchange Act of 1934 (15 U.S.C. Section 78o-3), obtained |
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under regulations adopted under that Act, or provided by a national |
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securities association to a state agency in accordance with that |
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Act and state law. |
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Sec. 3001.004. CIVIL ACTION. A person who alleges a |
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violation of Section 3001.002 may bring a civil action to obtain |
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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 personal affiliation information released or |
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disclosed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |