83R5172 SCL-F
By: Martinez Fischer H.B. No. 3720
A BILL TO BE ENTITLED
AN ACT
relating to certain limitations on a journalist's qualified
privilege not to testify.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.023, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) A person is not acting as a journalist for purposes of
this section if, in relation to the subject of the official
proceeding:
(1) the person, during the four years immediately
preceding the events that are the subject of the official
proceeding, makes direct campaign expenditures, as defined by
Section 251.001, Election Code;
(2) the person, during the 12 months immediately
preceding the events that are the subject of the official
proceeding, makes contributions to or expenditures for
administrative or other expenses of a political committee, as
defined by Section 251.001, Election Code, that exceed an aggregate
of $250;
(3) the federal Internal Revenue Service Form 990, or
any subsequent form with a different number or designation that
provides substantially the same information, of the person or
another entity states that the person is related to a tax-exempt or
taxable entity and the related entity is described by Subdivision
(1) or (2); or
(4) the person's work product is produced as an
employee or contractor or under the control of a person described by
Subdivision (1), (2), or (3), or the person acts on behalf of a
person described by Subdivision (1), (2), or (3).
SECTION 2. The change in law made by this Act applies only
with respect to testimony regarding or production or disclosure of
information, documents, or items, or the source of any information,
document, or item, obtained or prepared on or after the effective
date of this Act. Testimony regarding and production or disclosure
of information, documents, or items, or the source of any
information, document, or item, obtained or prepared before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.