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Chamberlain McHaney, PLLC

Texas Lawyers, Austin & San Antonio

Austin Bar Legislative Update: Bill Would Limit Defamation Suits

Bill Would Limit Jury Trials and Remedies in Defamation Cases:  HB 1759, filed by Rep. Todd Hunter, R-Corpus Christi, would require persons who claim to have been defamed to request retraction, correction or clarification within one year of when the statement was made, or be barred from bringing suit (unless the responsible party has already clarified retracted or corrected the statement).  The bill also has limits on the recovery of exemplary damages in certain situations.

Hunter told to the Corpus Christ Caller-Times that the bill is meant to insure that freedom of speech in Texas is “not inhibited” by providing an opportunity to take substantive action in correcting mistakes that otherwise may lead to costly litigation.  Hunter also said a senate companion bill was in the works.

HB 1759:  http://www.capitol.state.tx.us/tlodocs/83R/billtext/html/HB01759I.htm

The Austin Bar Legislative Update is a membership benefit of the Austin Bar Association