Texas Government Code 2252.906 – Disclosure Protections for Certain Charitable Organizations, Charitable Trusts, and Private Foundations
(a) In this section:
(1) “Charitable organization” means an organization that is exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization in Section 501(c) of that code. The term does not include a property owners’ or homeowners’ association.
(2) “Grant-making organization” means an organization that makes grants to charitable organizations but is not a private foundation, private foundation trust, or split interest trust.
(3) “Private foundation” has the meaning assigned by Section 509(a), Internal Revenue Code of 1986.
(4) “Split interest trust” means an irrevocable trust in which the income is first dispersed to the beneficiaries of the trust for a specified period and the remainder of the trust is donated to a designated charity.
(b) Unless the individual has given written consent to the disclosure, a governmental entity may not require a charitable organization, private foundation trust, split interest trust, or private foundation to disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration of an employee, officer, director, trustee, or member of the organization, trust, or foundation.
Terms Used In Texas Government Code 2252.906
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Contract: A legal written agreement that becomes binding when signed.
- Donor: The person who makes a gift.
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Trustee: A person or institution holding and administering property in trust.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Unless the individual has given written consent to the disclosure, a governmental entity may not require a private foundation, private foundation trust, split interest trust, or grant-making organization to disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration of:
(1) a person who receives money or in-kind contributions from or contracts with the foundation, trust, or organization; or
(2) an employee, officer, director, trustee, member, or owner of an entity that receives money or in-kind contributions from or contracts with the foundation, trust, or organization.
(d) A governmental entity may not:
(1) require that the governing board or officers of a charitable organization, private foundation trust, split interest trust, or private foundation include an individual of any particular race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration;
(2) prohibit an individual from serving as a board member or officer of the organization, trust, or foundation based on the individual’s familial relationship to:
(A) another board member or officer of the organization, trust, or foundation; or
(B) a donor to the organization, trust, or foundation; or
(3) require the governing board or officers of the organization, trust, or foundation to include one or more individuals who do not share a familial relationship with the board members or officers or with a donor.
(e) Except as a condition on the expenditure of particular funds imposed by the donor of the funds, a governmental entity may not require a charitable organization, private foundation trust, split interest trust, or private foundation to distribute its funds to or contract with a person or entity based on the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration of:
(1) the person or of an employee, officer, director, trustee, member, or owner of the entity; or
(2) the populations, locales, or communities served by the person or entity.
(f) This section does not limit the authority of the attorney general to investigate or enforce laws of this state in accordance with the attorney general’s duty to protect the public interest in charity.