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.