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1 | 1 | By: Hunter H.B. No. 4116 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | A BILL TO BE ENTITLED | |
5 | 5 | AN ACT | |
6 | 6 | relating to certain defenses to libel actions. | |
7 | 7 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
8 | 8 | SECTION 1. Section 73.005, Civil Practices and Remedies | |
9 | 9 | Code, is amended to read as follows: | |
10 | 10 | Sec. 73.005. TRUTH A DEFENSE. (a) The truth of the | |
11 | 11 | statement in a publication on which a libel action is based is a | |
12 | 12 | defense to the action. | |
13 | 13 | (b) Subject to subsection (c), it is a defense to a libel | |
14 | 14 | action that the publication accurately reported the allegations of | |
15 | 15 | a third party regarding a matter of public concern. | |
16 | 16 | (c) Subsection (b) does not apply if: | |
17 | 17 | ( | |
18 | 18 | i) the publication was made with actual malice; and | |
19 | 19 | (ii) the fact that the allegation was made is not | |
20 | 20 | itself a matter of public concern. | |
21 | 21 | SECTION 2. This Act takes effect immediately if it receives | |
22 | 22 | a vote of two-thirds of all the members elected to each house, as | |
23 | 23 | provided by Section 39, Article III, Texas Constitution. If this | |
24 | 24 | Act does not receive the vote necessary for immediate effect, this | |
25 | 25 | Act takes effect September 1, 2015. |