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House Bill 1759 |
House Author: Hunter et al. |
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Effective: 6-14-13 |
Senate Sponsor: Ellis |
House Bill 1759 amends the Civil Practice and Remedies Code to establish the Defamation Mitigation Act for purposes of providing a method for a person to claim relief, however characterized, from damages arising out of harm to personal reputation caused by the false content of a publication. The bill establishes that a person may maintain a defamation action under the act only if the person has made a timely and sufficient request for a correction, clarification, or retraction from the defendant or the defendant has made a correction, clarification, or retraction. The bill sets out the circumstances that constitute a timely and sufficient request; the circumstances that constitute a timely and sufficient correction, clarification, or retraction; and the procedures and deadlines for challenging timeliness or sufficiency. Among other provisions, the bill establishes procedures for requesting evidence of the falsity of an allegedly defamatory statement, provisions regarding the abatement of a defamation suit, and limitations on the recovery of exemplary damages and the admissibility of certain evidence at trial in such suits.