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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense against a libel claim based on the claimant's |
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status as a public official or public figure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 73, Civil Practice and |
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Remedies Code, is amended by adding Section 73.007 to read as |
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follows: |
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Sec. 73.007. DEFENSE BASED ON PUBLIC OFFICIAL OR PUBLIC |
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FIGURE STATUS. (a) A defense to a libel claim based on the |
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claimant's status as a public official or public figure is an |
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affirmative defense. |
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(b) A defense to a libel claim based on the claimant's |
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status as a public official or public figure must specify the manner |
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in which the alleged libel: |
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(1) identified the claimant's status as a public |
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official or public figure; or |
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(2) expressly related to the claimant's official |
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conduct, performance of official duties, or fitness for the office |
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held. |
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(c) A person is considered a public official for purposes of |
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a defense to a libel claim only if the person is known as a public |
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official in the community in which the damage to the person was |
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proximately caused. |
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(d) To prevail on a defense that the claimant was a public |
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official or public figure for purposes of a defense to a libel |
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claim, a defendant must plead and prove the matters described by: |
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(1) Subsection (b)(1) or (2); and |
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(2) Subsection (c), if applicable. |
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(e) Nothing in this section changes the burden of proof, |
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degree of fault, or state of mind required by law to prove a libel |
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claim. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |