HB2892 - 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.

  89R25411 GP-F     By: Hernandez H.B. No. 2892     Substitute the following for H.B. No. 2892:     By:  King C.S.H.B. No. 2892       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:                       (A)  including:                             (i)     this state or a department, agency,   office, commission, board, division, or other entity of this state   in the executive branch of state government;                             (ii)     any state or local court or other   judicial or quasi-judicial body in the judicial branch of state   government; and                             (iii)     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; and                       (B)     not including an institution of higher   education, as defined by Section 61.003, Education Code.           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 or a nonprofit organization   to provide personal affiliation information to the agency or   otherwise compel the release of personal affiliation information;                 (2)     release, publicize, or otherwise publicly   disclose personal affiliation information in the agency's   possession; or                 (3)     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 current or prospective   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 a public agency   releases that was voluntarily released to the public by the person   or nonprofit organization to which the information relates;                 (2)     personal affiliation information included in a   report required to be filed under Title 15, Election Code, under a   rule of the Texas Ethics Commission, or by a person required to   register as a lobbyist under Chapter 305;                 (3)     a warrant or subpoena for personal affiliation   information issued by a court of competent jurisdiction in this   state;                 (4)     a request for discovery of personal affiliation   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 named in the action;                 (5)     personal affiliation information admitted as   relevant evidence in an action before a court of competent   jurisdiction in this state, provided the court does not publicly   release the information unless the court specifically finds good   cause for the release;                 (6)     personal affiliation information the attorney   general obtains in an investigation conducted under Section 17.60   or 17.61, Business & Commerce Code, Section 252.010, Business   Organizations Code, or Subchapter B, Chapter 12, Business   Organizations Code, provided the collected personal affiliation   information:                       (A)     is used only in connection with the specific   investigation related to the request and any related proceeding;   and                       (B)     complies with Section 3001.002(a)(2), unless   the information's disclosure is expressly required by other law;                 (7)     personal affiliation information the attorney   general discloses in court pleadings, submissions of evidence, or   public communications related to a criminal proceeding or a civil   enforcement action, provided the public communications include   personal affiliation information only if the accused party is found   guilty in the criminal proceeding or liable in the civil   enforcement action;                 (8)     personal affiliation information disclosing the   identity of the members of the governing board or a director,   officer, registered agent, incorporator, or managerial official of   a nonprofit organization in any report or other document required   under state law to be filed with the secretary of state or Texas   Alcoholic Beverage Commission, provided that information directly   identifying an individual as a donor of financial support to a   nonprofit organization may not be collected or disclosed;                 (9)     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;                 (10)     personal affiliation information the Texas   Department of Criminal Justice requests for a criminal history   record information check or other security purposes in connection   with the provision of any program or service, including volunteer   and legal services, to an inmate, releasee, or person on community   supervision, provided the information is used only for the criminal   history record information check or security purposes;                 (11)     personal affiliation information included in   materials submitted to the office of the governor by an applicant   who is seeking consideration for a gubernatorial appointment,   provided:                       (A)     the office does not require the applicant to   submit a list of nonprofit organizations to which the individual   has provided financial support; and                       (B)     the applicant is not prohibited from   voluntarily providing the list; and                 (12)     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.           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 knowingly 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, 2025.