Bill Text: TX SB2121 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a defense against a libel claim based on the claimant's status as a public official or public figure.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-28 - Referred to State Affairs [SB2121 Detail]
Download: Texas-2017-SB2121-Introduced.html
85R12023 AJA-F | ||
By: Seliger | S.B. No. 2121 |
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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. |