By: Pea H.B. No. 4237
A BILL TO BE ENTITLED
AN ACT
relating to extending the protections of the Privileged Matters
Clause of the Texas Civil Practices & Remedies Code to citizen
journalists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practices & Remedies Code,
Sections 73.002 and 73.004 are amended to read as follows:
Sec. 73.002. PRIVILEGED MATTERS. (a) The publication by a
newspaper, internet website, weblog, or other periodical of a
matter covered by this section is privileged and is not a ground for
a libel action. This privilege does not extend to the republication
of a matter if it is proved that the matter was republished with
actual malice after it had ceased to be of public concern.
(b) This section applies to:
(1) a fair, true, and impartial account of:
(A) a judicial proceeding, unless the court has
prohibited publication of a matter because in its judgment the
interests of justice demand that the matter not be published;
(B) an official proceeding, other than a judicial
proceeding, to administer the law;
(C) an executive or legislative proceeding
(including a proceeding of a legislative committee), a proceeding
in or before a managing board of an educational or eleemosynary
institution supported from the public revenue, of the governing
body of a city or town, of a county commissioners court, and of a
public school board or a report of or debate and statements made in
any of those proceedings; or
(D) the proceedings of a public meeting dealing
with a public purpose, including statements and discussion at the
meeting or other matters of public concern occurring at the
meeting; and
(2) reasonable and fair comment on or criticism of an
official act of a public official or other matter of public concern
published for general information.
Sec. 73.004. LIABILITY OF BROADCASTER. (a) A broadcaster
is not liable in damages for a defamatory statement published or
uttered in or as a part of a radio, [or] television, or internet
broadcast by one other than the broadcaster unless the complaining
party proves that the broadcaster failed to exercise due care to
prevent the publication or utterance of the statement in the
broadcast.
(b) In this section, "broadcaster" means an owner,
licensee, [or] operator of a radio or television station or network
of stations and the agents and employees of the owner, licensee, or
operator, or a person or business who streams images or images and
sound using the internet and a website or blog, and their agents and
employees.
SECTION 2. The change in law made by this Act applies only
to libel actions brought on or after the effect date of this Act,
regardless of the date the libel occurred.
SECTION 3. This Act takes effect September 1, 2009.