85R12023 AJA-F     By: Seliger S.B. No. 2121       A BILL TO BE ENTITLED   AN ACT   relating to a defense against a libel claim based on the claimant's   status as a public official or public figure.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 73, Civil Practice and   Remedies Code, is amended by adding Section 73.007 to read as   follows:          Sec. 73.007.  DEFENSE BASED ON PUBLIC OFFICIAL OR PUBLIC   FIGURE STATUS. (a) A defense to a libel claim based on the   claimant's status as a public official or public figure is an   affirmative defense.          (b)  A defense to a libel claim based on the claimant's   status as a public official or public figure must specify the manner   in which the alleged libel:                (1)  identified the claimant's status as a public   official or public figure; or                (2)  expressly related to the claimant's official   conduct, performance of official duties, or fitness for the office   held.          (c)  A person is considered a public official for purposes of   a defense to a libel claim only if the person is known as a public   official in the community in which the damage to the person was   proximately caused.          (d)  To prevail on a defense that the claimant was a public   official or public figure for purposes of a defense to a libel   claim, a defendant must plead and prove the matters described by:                (1)  Subsection (b)(1) or (2); and                (2)  Subsection (c), if applicable.           (e)  Nothing in this section changes the burden of proof,   degree of fault, or state of mind required by law to prove a libel   claim.          SECTION 2.  The change in law made by this Act applies only   to a cause of action that accrues on or after the effective date of   this Act. A cause of action that accrued 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 immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.