| 1 | 1 | | 85R12868 MK-F |
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| 2 | 2 | | By: King of Hemphill H.B. No. 3388 |
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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 certain limitations on a journalist's qualified |
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| 8 | 8 | | privilege not to testify; creating a civil penalty. |
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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 C, Chapter 22, Civil Practice and |
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| 11 | 11 | | Remedies Code, is amended by adding Section 22.0231 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 22.0231. LIMITATION ON APPLICABILITY OF SUBCHAPTER; |
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| 14 | 14 | | CIVIL PENALTY. (a) The privilege established under Section 22.023 |
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| 15 | 15 | | does not apply to a person who, currently or at any time during the |
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| 16 | 16 | | five years preceding the official proceeding: |
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| 17 | 17 | | (1) is required to file a report under Section |
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| 18 | 18 | | 254.261, Election Code; |
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| 19 | 19 | | (2) controls: |
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| 20 | 20 | | (A) a political committee as that term is defined |
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| 21 | 21 | | by Section 251.001, Election Code; or |
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| 22 | 22 | | (B) a campaign committee, political action |
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| 23 | 23 | | committee, connected committee, nonconnected committee, or |
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| 24 | 24 | | separate segregated fund that is governed by the Federal Election |
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| 25 | 25 | | Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.); |
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| 26 | 26 | | (3) serves as the treasurer or assistant treasurer of: |
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| 27 | 27 | | (A) a candidate or political committee as |
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| 28 | 28 | | provided by Chapter 252, Election Code; or |
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| 29 | 29 | | (B) a campaign committee, political action |
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| 30 | 30 | | committee, connected committee, nonconnected committee, or |
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| 31 | 31 | | separate segregated fund that is governed by the Federal Election |
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| 32 | 32 | | Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.); |
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| 33 | 33 | | (4) makes a political expenditure described by Section |
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| 34 | 34 | | 253.100(a), Election Code; |
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| 35 | 35 | | (5) is required to be disclosed on federal Internal |
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| 36 | 36 | | Revenue Service Form 990, or any subsequent form with a different |
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| 37 | 37 | | number or designation that provides substantially the same |
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| 38 | 38 | | information, as an entity related to a person described by |
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| 39 | 39 | | Subdivisions (1), (2), or (4); or |
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| 40 | 40 | | (6) is an employee or contractor of or acts under the |
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| 41 | 41 | | control or direction of a person described by Subdivisions (1)-(5) |
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| 42 | 42 | | or acts on behalf of a person described by Subdivisions (1)-(5). |
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| 43 | 43 | | (b) A person described by Subsection (a) is not considered |
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| 44 | 44 | | to be a journalist for the purposes of this subchapter. |
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| 45 | 45 | | (c) Notwithstanding Section 22.024, a court may issue a |
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| 46 | 46 | | subpoena or other compulsory process on request to determine |
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| 47 | 47 | | whether a person who asserts the privilege under Section 22.023 |
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| 48 | 48 | | meets any of the criteria listed under Subsection (a) and is not a |
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| 49 | 49 | | journalist. The court may take appropriate action to enforce a |
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| 50 | 50 | | subpoena issued under this subsection. |
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| 51 | 51 | | (d) A subpoena or other compulsory process issued under |
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| 52 | 52 | | Subsection (c) is subject to any provisions of the Texas Rules of |
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| 53 | 53 | | Civil Procedure or any law governing subpoenas or the applicable |
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| 54 | 54 | | compulsory process to the extent that those rules or laws are |
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| 55 | 55 | | applicable to the official proceedings in which the person has |
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| 56 | 56 | | claimed the privilege. Chapter 27 does not apply to any discovery |
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| 57 | 57 | | authorized by this chapter. |
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| 58 | 58 | | (e) If it is determined as the result of a subpoena or other |
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| 59 | 59 | | compulsory process issued under Subsection (c) that a person who |
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| 60 | 60 | | asserted the privilege in an official proceeding under Section |
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| 61 | 61 | | 22.023 is not a journalist for the purposes of this subchapter, the |
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| 62 | 62 | | person is liable for the costs of issuing and enforcing the subpoena |
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| 63 | 63 | | or other compulsory process. |
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| 64 | 64 | | (f) If a person asserted the privilege under Section 22.023 |
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| 65 | 65 | | frivolously or for the purpose of delaying the official proceeding, |
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| 66 | 66 | | the person shall be held liable in an official proceeding before a |
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| 67 | 67 | | court or administrative body exercising adjudicative authority for |
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| 68 | 68 | | any sanctions that the court or administrative body is authorized |
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| 69 | 69 | | to impose in the official proceeding, including sanctions |
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| 70 | 70 | | authorized under Chapter 10 and the Texas Rules of Civil Procedure. |
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| 71 | 71 | | SECTION 2. The change in law made by this Act applies only |
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| 72 | 72 | | with respect to testimony regarding or production or disclosure of |
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| 73 | 73 | | information, documents, or items, or the source of any information, |
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| 74 | 74 | | document, or item, obtained or prepared on or after the effective |
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| 75 | 75 | | date of this Act. Testimony regarding and production or disclosure |
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| 76 | 76 | | of information, documents, or items, or the source of any |
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| 77 | 77 | | information, document, or item, obtained or prepared before the |
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| 78 | 78 | | effective date of this Act is governed by the law as it existed |
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| 79 | 79 | | immediately before the effective date of this Act, and that law is |
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| 80 | 80 | | continued in effect for that purpose. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2017. |
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