Sen. Rodney Ellis
Rep. Todd Hunter
The House has concurred with Senate amendments to HB 1759 by Rep. Todd Hunter (R-Corpus Christi) and Sen. Rodney Ellis (D-Houston). The bill provides that a person alleging injury to reputation may only maintain an action against the publisher of the defamatory information if the person requests a retraction or correction, or if the publisher actually publishes a retraction or correction. A claimant must request the retraction or correction within the applicable limitations period, but if the request is not made within 90 days of receiving knowledge of the publication, the claimant cannot recover exemplary damages. A publisher has the right to request from the claimant further information relating to the alleged falsity of the information, and if the information is not provided, the claimant cannot recover exemplary damages unless the publication was made with actual malice. HB 1759 further defines the circumstances under which a published retraction or correction is timely and sufficient. Publication of a timely and sufficient retraction or correction immunizes the publisher from exemplary damages, unless the publication was made with actual malice. A request for retraction or correction is not admissible at trial, unless the publisher introduces the retraction or correction in mitigation of damages. Finally, HB 1759 requires a defamation action to be abated until a claimant files a sufficient request for retraction or correction.
