88R9916 YDB-F     By: Hernandez H.B. No. 4585       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, 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;                      (C)  a university system or an institution of   higher education, as defined by Section 61.003, Education Code; or                      (D)  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 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 to provide personal   affiliation information to the agency or otherwise compel the   release of personal affiliation information;                (2)  require a nonprofit organization to provide   personal affiliation information to the agency or otherwise compel   the release of personal affiliation information;                (3)  release, publicize, or otherwise publicly   disclose personal affiliation 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 nonprofit organizations to which the 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 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 personal affiliation information   issued by a court in this state;                (3)  a request for discovery of personal affiliation   information in an action brought in a court 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)  personal affiliation information admitted as   relevant evidence in an action before a court provided the court   does not publicly release the information unless the court   specifically finds good cause for the release;                (5)  personal affiliation information voluntarily   released to the public by a person or nonprofit organization;                (6)  personal affiliation information disclosing the   identity of a director, officer, resident agent, or incorporator of   a nonprofit organization in any report, including a 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 is not collected or   disclosed;                (7)  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; and                (8)  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.          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 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, 2023.