85R12023 AJA-F
By: Seliger S.B. No. 2121
A BILL TO BE ENTITLED
AN ACT
relating to a defense against a libel claim based on the claimant's
status as a public official or public figure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 73, Civil Practice and
Remedies Code, is amended by adding Section 73.007 to read as
follows:
Sec. 73.007. DEFENSE BASED ON PUBLIC OFFICIAL OR PUBLIC
FIGURE STATUS. (a) A defense to a libel claim based on the
claimant's status as a public official or public figure is an
affirmative defense.
(b) A defense to a libel claim based on the claimant's
status as a public official or public figure must specify the manner
in which the alleged libel:
(1) identified the claimant's status as a public
official or public figure; or
(2) expressly related to the claimant's official
conduct, performance of official duties, or fitness for the office
held.
(c) A person is considered a public official for purposes of
a defense to a libel claim only if the person is known as a public
official in the community in which the damage to the person was
proximately caused.
(d) To prevail on a defense that the claimant was a public
official or public figure for purposes of a defense to a libel
claim, a defendant must plead and prove the matters described by:
(1) Subsection (b)(1) or (2); and
(2) Subsection (c), if applicable.
(e) Nothing in this section changes the burden of proof,
degree of fault, or state of mind required by law to prove a libel
claim.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued 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 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, 2017.