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A BILL TO BE ENTITLED
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AN ACT
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relating to extending the protections of the Privileged Matters |
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Clause of the Texas Civil Practices & Remedies Code to citizen |
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journalists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practices & Remedies Code, |
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Sections 73.002 and 73.004 are amended to read as follows: |
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Sec. 73.002. PRIVILEGED MATTERS. (a) The publication by a |
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newspaper, internet website, weblog, or other periodical of a |
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matter covered by this section is privileged and is not a ground for |
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a libel action. This privilege does not extend to the republication |
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of a matter if it is proved that the matter was republished with |
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actual malice after it had ceased to be of public concern. |
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(b) This section applies to: |
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(1) a fair, true, and impartial account of: |
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(A) a judicial proceeding, unless the court has |
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prohibited publication of a matter because in its judgment the |
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interests of justice demand that the matter not be published; |
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(B) an official proceeding, other than a judicial |
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proceeding, to administer the law; |
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(C) an executive or legislative proceeding |
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(including a proceeding of a legislative committee), a proceeding |
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in or before a managing board of an educational or eleemosynary |
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institution supported from the public revenue, of the governing |
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body of a city or town, of a county commissioners court, and of a |
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public school board or a report of or debate and statements made in |
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any of those proceedings; or |
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(D) the proceedings of a public meeting dealing |
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with a public purpose, including statements and discussion at the |
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meeting or other matters of public concern occurring at the |
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meeting; and |
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(2) reasonable and fair comment on or criticism of an |
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official act of a public official or other matter of public concern |
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published for general information. |
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Sec. 73.004. LIABILITY OF BROADCASTER. (a) A broadcaster |
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is not liable in damages for a defamatory statement published or |
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uttered in or as a part of a radio, [or] television, or internet |
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broadcast by one other than the broadcaster unless the complaining |
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party proves that the broadcaster failed to exercise due care to |
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prevent the publication or utterance of the statement in the |
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broadcast. |
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(b) In this section, "broadcaster" means an owner, |
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licensee, [or] operator of a radio or television station or network |
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of stations and the agents and employees of the owner, licensee, or |
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operator, or a person or business who streams images or images and |
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sound using the internet and a website or blog, and their agents and |
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employees. |
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SECTION 2. The change in law made by this Act applies only |
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to libel actions brought on or after the effect date of this Act, |
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regardless of the date the libel occurred. |
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SECTION 3. This Act takes effect September 1, 2009. |