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A BILL TO BE ENTITLED
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AN ACT
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relating to certain publications that are privileged and not |
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grounds for a libel action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 73.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (b) and adding Subsections |
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(c) and (d) to read as follows: |
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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interests of justice demand that the matter not be published; |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) publication of allegations made by a third party |
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regarding matters of public concern, regardless of the truth or |
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falsity of the allegations; and |
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(3) 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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(c) This section does not abrogate or lessen any other |
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defense, remedy, immunity, or privilege available under other |
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constitutional, statutory, case, or common law or rule provisions. |
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(d) This section shall be construed liberally to effectuate |
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its purpose and intent fully. |
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SECTION 2. The change in law made by this Act applies only |
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to a publication made on or after the effective date of this Act. A |
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publication made before the effective date of this Act is governed |
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by the law applicable to the publication immediately before that |
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date, and that law is continued in effect 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, 2015. |