Privacy, Confidentiality - As enacted, enacts the "Personal Privacy Protection Act." - Amends TCA Title 2; Title 3; Title 4; Title 5; Title 6; Title 7; Title 10; Title 12; Title 39; Title 40 and Title 41.
HB0159 has been assigned Public Chapter Number 516 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0159Date
    Effective date(s) 10/1/202106/01/2021
    Pub. Ch. 51606/01/2021
    Signed by Governor.05/25/2021
    Transmitted to Governor for his action.05/13/2021
    Signed by Senate Speaker05/13/2021
    Signed by H. Speaker05/11/2021
    Enrolled; ready for sig. of H. Speaker.05/06/2021
    Passed Senate, Ayes 27, Nays 505/03/2021
    Amendment withdrawn. (Amendment 3 - SA0157)05/03/2021
    Amendment withdrawn. (Amendment 2 - SA0156)05/03/2021
    Amendment withdrawn. (Amendment 1 - SA0155)05/03/2021
    Senate substituted House Bill for companion Senate Bill.05/03/2021
    Received from House, Passed on First Consideration04/27/2021
    Engrossed; ready for transmission to Sen.04/26/2021
    Passed H., as am., Ayes 66, Nays 24, PNV 404/26/2021
    Am. withdrawn. (Amendment 1 - HA0178)04/26/2021
    H. adopted am. (Amendment 2 - HA0282)04/26/2021
    Sponsor(s) Added.04/26/2021
    H. Placed on Regular Calendar for 4/26/202104/22/2021
    Placed on cal. Calendar & Rules Committee for 4/22/202104/21/2021
    Rec. for pass. if am., ref. to Calendar & Rules Committee04/12/2021
    Placed on cal. Government Operations Committee for 4/12/202104/07/2021
    Action def. in Government Operations Committee to 4/12/202104/05/2021
    Placed on cal. Government Operations Committee for 4/5/202103/31/2021
    Rec. for pass. if am., ref. to Government Operations Committee03/31/2021
    Placed on cal. Civil Justice Committee for 3/31/202103/24/2021
    Action def. in Civil Justice Committee to 3/31/202103/24/2021
    Placed on cal. Civil Justice Committee for 3/24/202103/17/2021
    Rec for pass if am by s/c ref. to Civil Justice Committee03/16/2021
    Placed on s/c cal Civil Justice Subcommittee for 3/16/202103/10/2021
    Action Def. in s/c Civil Justice Subcommittee to 3/16/202103/09/2021
    Placed on s/c cal Civil Justice Subcommittee for 3/9/202103/03/2021
    Sponsor(s) Added.03/03/2021
    Assigned to s/c Civil Justice Subcommittee02/24/2021
    P2C, ref. to Civil Justice Committee -- Government Operations for Review01/15/2021
    Intro., P1C.01/14/2021
    Filed for introduction01/13/2021
    Actions For SB1608Date
    Comp. became Pub. Ch. 51606/01/2021
    Sponsor(s) Added.05/04/2021
    Companion House Bill substituted05/03/2021
    Placed on Senate Regular Calendar for 5/3/202104/29/2021
    Re-refer to Senate Cal. Comm.04/12/2021
    Placed on Senate Regular Calendar for 4/12/202104/08/2021
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 2 PNV 003/30/2021
    Placed on Senate State and Local Government Committee calendar for 3/30/202103/24/2021
    Action deferred in Senate State and Local Government Committee to 3/30/202103/23/2021
    Placed on Senate State and Local Government Committee calendar for 3/23/202103/16/2021
    Action deferred in Senate State and Local Government Committee to 3/23/202103/16/2021
    Placed on Senate State and Local Government Committee calendar for 3/16/202103/09/2021
    Action deferred in Senate State and Local Government Committee to 3/16/202103/09/2021
    Placed on Senate State and Local Government Committee calendar for 3/9/202103/02/2021
    Passed on Second Consideration, refer to Senate State and Local Government Committee02/22/2021
    Introduced, Passed on First Consideration02/11/2021
    Filed for introduction02/11/2021
  • AmendmentsFiscal Memos
    HA0178Amendment 1-0 to HB0159Fiscal Memo for HA0178 (5905)  Fiscal Memo for HA0178 (5905)  
    HA0282Amendment 2-0 to HB0159Fiscal Memo for HA0282 (7082)  
    AmendmentsFiscal Memos
    SA0155Amendment 1-1 to SB1608Fiscal Memo for SA0155 (4456)  
    SA0156Amendment 2-2 to SB1608Fiscal Memo for SA0156 (5061)  
    SA0157Amendment 3-3 to SB1608Fiscal Memo for SA0157 (6264)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB0159

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill prohibits public agencies from requiring or releasing certain personal information relating to a person's involvement with a 501(c) entity and creates a civil cause of action for such release. The "personal information" covered by this bill is any list, record, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under section 501(c) of the internal revenue code.

    Under this bill, a public agency is prohibited from:

    (1) Requiring an individual to provide the public agency with personal information or otherwise compel the release of personal information;

    (2) Requiring a 501(c) tax exempt entity to provide the public agency with personal information of its members, supporters, volunteers, or donors, or otherwise compelling the release of that personal information;

    (3) Releasing, publicizing, or otherwise publicly disclosing personal information in possession of a public agency; or

    (4) Requesting or requiring a current or prospective contractor or grantee with the public agency to provide the public agency with a list of 501(c) tax exempt entities to which it has provided financial or nonfinancial support.

    This bill provides that a public agency may share personal information from the applicable individual or entity with a federal agency as required by federal law; however, the personal information shared is otherwise confidential and not an open record.

    Under this bill, the comptroller of the treasury or the comptroller's designated representative will have access to personal information for purposes of audit or investigation, but the personal information is otherwise confidential and not an open record. A state agency or state agency's designated representative must have access to personal information for purposes of conducting an audit, subrecipient monitoring, conducting a background check, or conducting an investigation, but that personal information is confidential and not an open record.

    Knowingly violating this bill will constitute a Class B misdemeanor. A person alleging a violation of this bill may bring a civil action for appropriate injunctive relief, damages, or both. Damages may include one of the following, as appropriate:

    (1) A sum of money not less than $2,500 and not more than $7,500 to compensate for injury or loss caused by each violation of this bill; or

    (2) A sum of not less than $7,500 for an intentional violation of this bill.

    A court may award all or a portion of the costs of litigation, including reasonable attorney and witness fees, to the complainant in the action if the court determines that the award is appropriate.

    This bill does not preclude:

    (1) A report or disclosure required by campaign finance law;

    (2) A report or disclosure required by ethics and lobbying laws;

    (3) The disclosure of personal information amongst law enforcement agencies pursuant to an active investigation;

    (4) A lawful warrant for personal information issued by a court of competent jurisdiction;

    (5) A lawful request for discovery of personal information in litigation if the requestor demonstrates a compelling need for the personal information by clear and convincing evidence, and the requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation;

    (6) Admission of personal information as relevant evidence before a court of competent jurisdiction. However, the court must issue a protective order barring disclosure of the personal information to any person not named in the litigation;

    (7) A state agency from requesting or disclosing personal information as required by federal law or state law; or

    (8) A lawful request for discovery of personal information in litigation to demonstrate that a party has standing to bring or appeal any action.

    This bill will take effect on October 1, 2021, and will apply to prohibited conduct occurring on or after that date.

    ON APRIL 26, 2021, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 159, AS AMENDED.

    AMENDMENT #2 revises various provisions of this bill, as follows:

    (A) Removes the definition of "federal agency" from the bill and revises the definitions of "personal information" and "public agency." Under this amendment, "personal information" means the name and data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under section 501(c) of the internal revenue code. Under this amendment, "public agency" means any state or local governmental unit, department, or agency, however designated, which requires an entity exempt from federal income tax under section 501(c) of the internal revenue code to provide the public agency with the name and other personal information of its members, supporters, volunteers, or donors;

    (B) Removes the prohibited acts described above in the Bill Summary in items (1), (2), and (4) and adds to the list a prohibition on a public agency requiring an entity exempt from federal income tax under section 501(c) of the internal revenue code to provide the names or other personal information of persons who have provided financial or nonfinancial support to exempt the entity;

    (C) Clarifies that a public agency may share personal information with a federal agency as required by federal law;

    (D) Adds that the bill does not preclude the enforcement of the present law provisions governing the solicitation of charitable funds by the appropriate state officials;

    (E) Removes the provisions: authorizing a person to bring a civil action for appropriate injunctive relief, damages, or both; the provision providing damages; and the provision regarding a court's award of damages;

    (F) Revises the provision regarding state agency's access to the personal information to provide that a state agency or the agency's designated representative must have access to personal information for the purposes of conducting an audit, monitoring, verifying eligibility for benefits, conducting a background check, or conducting an investigation but that personal information is confidential and not a public record;

    (G) Adds that an institution of higher education is not subject to the bill; and

    (H) Adds exemptions to this bill's requirements for a national securities association that is registered pursuant to Section 15A of the federal Securities Exchange Act of 1934, or any information such national securities association provides to the commissioner of commerce and insurance pursuant to this state's securities laws.

  • FiscalNote for HB0159/SB1608 filed under HB0159
  • House Floor and Committee Votes

    HB0159 by Williams - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/26/2021
    Passed
              Ayes...............................................66
              Noes...............................................24
              Present and not voting...................4

              Representatives voting aye were: Alexander, Baum, Boyd, Bricken, Calfee, Campbell S, Carr, Carringer, Casada, Cochran, Curcio, Darby, Doggett, Eldridge, Faison, Farmer, Garrett, Griffey, Grills, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lamberth, Leatherwood, Littleton, Lynn, Mannis, Marsh, Moody, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudder, Russell, Sexton J, Sherrell, Smith, Sparks, Terry, Todd, Travis, Vaughan, Warner, Weaver, White, Whitson, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 66.
              Representatives voting no were: Beck, Camper, Cepicky, Chism, Clemmons, Dixie, Freeman, Hakeem, Hardaway, Harris, Hodges, Jernigan, Johnson G, Lamar, Love, McKenzie, Miller, Mitchell, Parkinson, Powell, Shaw, Stewart, Thompson, Towns -- 24.
              Representatives present and not voting were: Crawford, Gillespie, Lafferty, Rudd -- 4.

    HB0159 by Williams - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/26/2021
    Passed
              Ayes...............................................65
              Noes...............................................24
              Present and not voting...................2

              Representatives voting aye were: Alexander, Baum, Boyd, Calfee, Campbell S, Carr, Carringer, Casada, Cepicky, Cochran, Crawford, Curcio, Darby, Doggett, Eldridge, Faison, Farmer, Garrett, Gillespie, Griffey, Grills, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lamberth, Leatherwood, Littleton, Lynn, Mannis, Marsh, Moody, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudder, Russell, Sherrell, Smith, Sparks, Terry, Todd, Travis, Vaughan, Weaver, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton C -- 65.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Hakeem, Hardaway, Harris, Jernigan, Johnson G, Lamar, Love, McKenzie, Miller, Mitchell, Parkinson, Powell, Sexton J, Shaw, Stewart, Thompson, Towns, Windle -- 24.
              Representatives present and not voting were: Lafferty, Rudd -- 2.

              HB0159 by Williams - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/26/2021 4/22/2021
              Voice Vote - Ayes Prevail Rep(s). Canmper requested to be recorded as voting No

              HB0159 by Williams - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 4/12/2021
              Voice Vote - Ayes Prevail Rep(s). Johnson G requested to be recorded as voting No

              HB0159 by Williams - HOUSE CIVIL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Government Operations Committee 3/31/2021
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Jernigan, Stewart requested to be recorded as voting No

              HB0159 by Williams - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Civil Justice Committee 3/16/2021
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Griffey, Parkinson requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB0159

    HB0159 by Williams - FLOOR VOTE: Third Consideration 5/3/2021
    Passed
              Ayes...............................................27
              Noes................................................5

              Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kelsey, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, Watson, White, Yager, Mr. Speaker McNally -- 27.
              Senators voting no were: Akbari, Campbell, Gilmore, Kyle, Yarbro -- 5.

    SB1608 by Bailey - SENATE STATE & LOCAL GOVERNMENT COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 2 PNV 0 3/30/2021
    Passed
              Ayes................................................6
              Noes................................................2

              Senators voting aye were: Briggs, Gardenhire, Jackson, Powers, Walley, Yager -- 6.
              Senators voting no were: Kyle, Yarbro -- 2.