Bill Text: TX HB3387 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 3387 (Prior Session Legislation)

Introduced

Bill Title: Relating to a defense against a libel claim based on the claimant's status as a public official or public figure.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB3387 Detail]

Download: Texas-2017-HB3387-Introduced.html

	85R12023 AJA-F

	By: King of Hemphill	H.B. No. 3387



	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.