84R710 CAE-F
By: Hunter H.B. No. 1766
A BILL TO BE ENTITLED
AN ACT
relating to certain publications that are privileged and not
grounds for a libel action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 73.002, Civil Practice and Remedies
Code, is amended by amending Subsection (b) and adding Subsections
(c) and (d) to read as follows:
(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interests of justice demand that the matter not be published;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) publication of allegations made by a third party
regarding matters of public concern, regardless of the truth or
falsity of the allegations; and
(3) 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.
(c) This section does not abrogate or lessen any other
defense, remedy, immunity, or privilege available under other
constitutional, statutory, case, or common law or rule provisions.
(d) This section shall be construed liberally to effectuate
its purpose and intent fully.
SECTION 2. The change in law made by this Act applies only
to a publication made on or after the effective date of this Act. A
publication made before the effective date of this Act is governed
by the law applicable to the publication immediately before that
date, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.