Bill Text: TX HB3388 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to certain limitations on a journalist's qualified privilege not to testify; creating a civil penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB3388 Detail]

Download: Texas-2017-HB3388-Introduced.html
  85R12868 MK-F
 
  By: King of Hemphill H.B. No. 3388
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain limitations on a journalist's qualified
  privilege not to testify; creating a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 22, Civil Practice and
  Remedies Code, is amended by adding Section 22.0231 to read as
  follows:
         Sec. 22.0231.  LIMITATION ON APPLICABILITY OF SUBCHAPTER;
  CIVIL PENALTY. (a) The privilege established under Section 22.023
  does not apply to a person who, currently or at any time during the
  five years preceding the official proceeding:
               (1)  is required to file a report under Section
  254.261, Election Code;
               (2)  controls:
                     (A)  a political committee as that term is defined
  by Section 251.001, Election Code; or
                     (B)  a campaign committee, political action
  committee, connected committee, nonconnected committee, or
  separate segregated fund that is governed by the Federal Election
  Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.);
               (3)  serves as the treasurer or assistant treasurer of:
                     (A)  a candidate or political committee as
  provided by Chapter 252, Election Code; or
                     (B)  a campaign committee, political action
  committee, connected committee, nonconnected committee, or
  separate segregated fund that is governed by the Federal Election
  Campaign Act of 1971 (52 U.S.C. Sec. 30101 et seq.);
               (4)  makes a political expenditure described by Section
  253.100(a), Election Code;
               (5)  is required to be disclosed on federal Internal
  Revenue Service Form 990, or any subsequent form with a different
  number or designation that provides substantially the same
  information, as an entity related to a person described by
  Subdivisions (1), (2), or (4); or
               (6)  is an employee or contractor of or acts under the
  control or direction of a person described by Subdivisions (1)-(5)
  or acts on behalf of a person described by Subdivisions (1)-(5).
         (b)  A person described by Subsection (a) is not considered
  to be a journalist for the purposes of this subchapter.
         (c)  Notwithstanding Section 22.024, a court may issue a
  subpoena or other compulsory process on request to determine
  whether a person who asserts the privilege under Section 22.023
  meets any of the criteria listed under Subsection (a) and is not a
  journalist. The court may take appropriate action to enforce a
  subpoena issued under this subsection.
         (d)  A subpoena or other compulsory process issued under
  Subsection (c) is subject to any provisions of the Texas Rules of
  Civil Procedure or any law governing subpoenas or the applicable
  compulsory process to the extent that those rules or laws are
  applicable to the official proceedings in which the person has
  claimed the privilege. Chapter 27 does not apply to any discovery
  authorized by this chapter.
         (e)  If it is determined as the result of a subpoena or other
  compulsory process issued under Subsection (c) that a person who
  asserted the privilege in an official proceeding under Section
  22.023 is not a journalist for the purposes of this subchapter, the
  person is liable for the costs of issuing and enforcing the subpoena
  or other compulsory process.
         (f)  If a person asserted the privilege under Section 22.023
  frivolously or for the purpose of delaying the official proceeding,
  the person shall be held liable in an official proceeding before a
  court or administrative body exercising adjudicative authority for
  any sanctions that the court or administrative body is authorized
  to impose in the official proceeding, including sanctions
  authorized under Chapter 10 and the Texas Rules of Civil Procedure.
         SECTION 2.  The change in law made by this Act applies only
  with respect to testimony regarding or production or disclosure of
  information, documents, or items, or the source of any information,
  document, or item, obtained or prepared on or after the effective
  date of this Act.  Testimony regarding and production or disclosure
  of information, documents, or items, or the source of any
  information, document, or item, obtained or prepared 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 September 1, 2017.
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