The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-17
rRorosED LAW AGAINST LIBEL.

Text OF the Bin introduced BY Dlb-
rcll Of Guadalupe.
The following bill to define libel. etc.,
was introduced In tho senate today by
D,breli of Guadalupe;
A Bill to be entitled, An act to defne libel
and privileged communications and pub
LEGATIONS, and to more effectually secure
the liberty OF the press and to prevent
abuses In exercising such liberty OF the
{ press.
Be it enacted by the legislature Of the
State of Texas;
Section l. Libel Ii a malicious or wan
ton defamation expressed by writing, print-
Ing, pictures. signs or other representation
tending to blacken the memory OF one who
rity Virtue or repntation or to publish
the natural defects OF one who is alive,
and thereby to expose such person to public
hatred. contempt, ridicuie or financial In
fury.
+ Sec. 2. In all actions for libel. the truth
when published with good motives and for
justiiiable ends, shall constitute suffi-
Client defense. The truth OF any such libel
may be established by preponderance OF
evidence. and malice or wantonness In such
cases shall not be inferred from the act
OF publication, but shall be proven like any
other fact
Soc. &. The following communications
and publications shall be deemed privt-
legged, and shall not be made the basis OF
any action for libel without proof OF actual
malice: ~ Ausgg
"a Statements made In the proper dis
charge Of public or official duty.
t2l Statements made In any Legislative or
judicial proceeding, or In any other official
proceeding authorized by law:
M CD A fair and true report of any judicial,
Legislative or other official proceeding, or
OF anything said or done In the course
thereof
% Statements made In a communication
TO person interested therein. by one who
lis also Interested. or by one who stands
In such relation to the person interested
us to AFFORD reasonable ground for sup
posing the motive for such communion
tion innocent, or who IL requested by the
person Interested to give the information.
criticism upon matters OF public concern
and public officials, the publication of
which is for the public benefit
t6) fair and true report OF public
meetings.
Sec. 4. II 1t shall appear upon the trial
Of any action for damages for libel that
the attention OF the publisher of such libel
was called to such false or dcfamatory mat
ter or publication, and that such publica-
tlon was made in good faith and Its falslty
was due to mistake. or that there were
reasonable grounds for believing such
statements, u iull ana Ia1T correction OF re-
traction was published In the same edi-
tion or corresponding issues of the news
paper or periodical In which said article
appeared and In as conspicuous place and
type as was said original article. then the
plaintiff In such case shall recover only
such actual damages as he may prove to
have sustained Provided. however, that
the foregoing provisions Of this section
shall not apply to any libel against can
didate for public office In this State, unless
tho correction or retraction DO made in the
manner aforesaid at least Ave days before
election.
Sec. S. On the trial OF any action for
libel the defendant may give In evidence
under the general issue, In mitigation of
damages, the general character OF the
plaintiff. the circumstances. intention and
motives under which such publication was
made, and public apology, correction or re-
traction Of the. libel complained Of, made
and published before suit Is brought.
Sec. 8. All actions for damages for libel
shall be commenced within one year next
after the cause of action accrued and not
thereafter.