85R12868 MK-F
By: King of Hemphill H.B. No. 3388
A BILL TO BE ENTITLED
AN ACT
relating to certain limitations on a journalist's qualified
privilege not to testify; creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 22, Civil Practice and
Remedies Code, is amended by adding Section 22.0231 to read as
follows:
Sec. 22.0231. LIMITATION ON APPLICABILITY OF SUBCHAPTER;
CIVIL PENALTY. (a) The privilege established under Section 22.023
does not apply to a person who, currently or at any time during the
five years preceding the official proceeding:
(1) is required to file a report under Section
254.261, Election Code;
(2) controls:
(A) a political committee as that term is defined
by Section 251.001, Election Code; or
(B) a campaign committee, political action
committee, connected committee, nonconnected committee, or
separate segregated fund that is governed by the Federal Election
Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.);
(3) serves as the treasurer or assistant treasurer of:
(A) a candidate or political committee as
provided by Chapter 252, Election Code; or
(B) a campaign committee, political action
committee, connected committee, nonconnected committee, or
separate segregated fund that is governed by the Federal Election
Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.);
(4) makes a political expenditure described by Section
253.100(a), Election Code;
(5) is required to be disclosed on federal Internal
Revenue Service Form 990, or any subsequent form with a different
number or designation that provides substantially the same
information, as an entity related to a person described by
Subdivisions (1), (2), or (4); or
(6) is an employee or contractor of or acts under the
control or direction of a person described by Subdivisions (1)-(5)
or acts on behalf of a person described by Subdivisions (1)-(5).
(b) A person described by Subsection (a) is not considered
to be a journalist for the purposes of this subchapter.
(c) Notwithstanding Section 22.024, a court may issue a
subpoena or other compulsory process on request to determine
whether a person who asserts the privilege under Section 22.023
meets any of the criteria listed under Subsection (a) and is not a
journalist. The court may take appropriate action to enforce a
subpoena issued under this subsection.
(d) A subpoena or other compulsory process issued under
Subsection (c) is subject to any provisions of the Texas Rules of
Civil Procedure or any law governing subpoenas or the applicable
compulsory process to the extent that those rules or laws are
applicable to the official proceedings in which the person has
claimed the privilege. Chapter 27 does not apply to any discovery
authorized by this chapter.
(e) If it is determined as the result of a subpoena or other
compulsory process issued under Subsection (c) that a person who
asserted the privilege in an official proceeding under Section
22.023 is not a journalist for the purposes of this subchapter, the
person is liable for the costs of issuing and enforcing the subpoena
or other compulsory process.
(f) If a person asserted the privilege under Section 22.023
frivolously or for the purpose of delaying the official proceeding,
the person shall be held liable in an official proceeding before a
court or administrative body exercising adjudicative authority for
any sanctions that the court or administrative body is authorized
to impose in the official proceeding, including sanctions
authorized under Chapter 10 and the Texas Rules of Civil Procedure.
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, 2017.