| 1 | 1 | | 85R12023 AJA-F |
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| 2 | 2 | | By: King of Hemphill H.B. No. 3387 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a defense against a libel claim based on the claimant's |
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| 8 | 8 | | status as a public official or public figure. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 73, Civil Practice and |
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| 11 | 11 | | Remedies Code, is amended by adding Section 73.007 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 73.007. DEFENSE BASED ON PUBLIC OFFICIAL OR PUBLIC |
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| 14 | 14 | | FIGURE STATUS. (a) A defense to a libel claim based on the |
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| 15 | 15 | | claimant's status as a public official or public figure is an |
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| 16 | 16 | | affirmative defense. |
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| 17 | 17 | | (b) A defense to a libel claim based on the claimant's |
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| 18 | 18 | | status as a public official or public figure must specify the manner |
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| 19 | 19 | | in which the alleged libel: |
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| 20 | 20 | | (1) identified the claimant's status as a public |
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| 21 | 21 | | official or public figure; or |
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| 22 | 22 | | (2) expressly related to the claimant's official |
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| 23 | 23 | | conduct, performance of official duties, or fitness for the office |
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| 24 | 24 | | held. |
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| 25 | 25 | | (c) A person is considered a public official for purposes of |
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| 26 | 26 | | a defense to a libel claim only if the person is known as a public |
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| 27 | 27 | | official in the community in which the damage to the person was |
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| 28 | 28 | | proximately caused. |
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| 29 | 29 | | (d) To prevail on a defense that the claimant was a public |
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| 30 | 30 | | official or public figure for purposes of a defense to a libel |
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| 31 | 31 | | claim, a defendant must plead and prove the matters described by: |
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| 32 | 32 | | (1) Subsection (b)(1) or (2); and |
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| 33 | 33 | | (2) Subsection (c), if applicable. |
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| 34 | 34 | | (e) Nothing in this section changes the burden of proof, |
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| 35 | 35 | | degree of fault, or state of mind required by law to prove a libel |
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| 36 | 36 | | claim. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to a cause of action that accrues on or after the effective date of |
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| 39 | 39 | | this Act. A cause of action that accrued before the effective date |
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| 40 | 40 | | of this Act is governed by the law as it existed immediately before |
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| 41 | 41 | | the effective date of this Act, and that law is continued in effect |
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| 42 | 42 | | for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2017. |
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