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A BILL TO BE ENTITLED
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AN ACT
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relating to certain limitations on a journalist's qualified |
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privilege not to testify; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 22, Civil Practice and |
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Remedies Code, is amended by adding Section 22.0231 to read as |
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follows: |
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Sec. 22.0231. LIMITATION ON APPLICABILITY OF SUBCHAPTER; |
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CIVIL PENALTY. (a) The privilege established under Section 22.023 |
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does not apply to a person who, currently or at any time during the |
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five years preceding the official proceeding: |
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(1) is required to file a report under Section |
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254.261, Election Code; |
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(2) controls: |
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(A) a political committee as that term is defined |
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by Section 251.001, Election Code; or |
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(B) a campaign committee, political action |
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committee, connected committee, nonconnected committee, or |
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separate segregated fund that is governed by the Federal Election |
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Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.); |
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(3) serves as the treasurer or assistant treasurer of: |
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(A) a candidate or political committee as |
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provided by Chapter 252, Election Code; or |
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(B) a campaign committee, political action |
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committee, connected committee, nonconnected committee, or |
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separate segregated fund that is governed by the Federal Election |
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Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.); |
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(4) makes a political expenditure described by Section |
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253.100(a), Election Code; |
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(5) is required to be disclosed on federal Internal |
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Revenue Service Form 990, or any subsequent form with a different |
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number or designation that provides substantially the same |
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information, as an entity related to a person described by |
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Subdivisions (1), (2), or (4); or |
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(6) is an employee or contractor of or acts under the |
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control or direction of a person described by Subdivisions (1)-(5) |
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or acts on behalf of a person described by Subdivisions (1)-(5). |
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(b) A person described by Subsection (a) is not considered |
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to be a journalist for the purposes of this subchapter. |
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(c) Notwithstanding Section 22.024, a court may issue a |
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subpoena or other compulsory process on request to determine |
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whether a person who asserts the privilege under Section 22.023 |
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meets any of the criteria listed under Subsection (a) and is not a |
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journalist. The court may take appropriate action to enforce a |
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subpoena issued under this subsection. |
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(d) A subpoena or other compulsory process issued under |
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Subsection (c) is subject to any provisions of the Texas Rules of |
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Civil Procedure or any law governing subpoenas or the applicable |
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compulsory process to the extent that those rules or laws are |
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applicable to the official proceedings in which the person has |
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claimed the privilege. Chapter 27 does not apply to any discovery |
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authorized by this chapter. |
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(e) If it is determined as the result of a subpoena or other |
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compulsory process issued under Subsection (c) that a person who |
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asserted the privilege in an official proceeding under Section |
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22.023 is not a journalist for the purposes of this subchapter, the |
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person is liable for the costs of issuing and enforcing the subpoena |
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or other compulsory process. |
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(f) If a person asserted the privilege under Section 22.023 |
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frivolously or for the purpose of delaying the official proceeding, |
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the person shall be held liable in an official proceeding before a |
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court or administrative body exercising adjudicative authority for |
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any sanctions that the court or administrative body is authorized |
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to impose in the official proceeding, including sanctions |
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authorized under Chapter 10 and the Texas Rules of Civil Procedure. |
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SECTION 2. The change in law made by this Act applies only |
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with respect to testimony regarding or production or disclosure of |
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information, documents, or items, or the source of any information, |
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document, or item, obtained or prepared on or after the effective |
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date of this Act. Testimony regarding and production or disclosure |
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of information, documents, or items, or the source of any |
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information, document, or item, obtained or prepared before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |