Haynes and Boone, LLP
May 29, 2015 - Texas
Texas Governor Signs Law Protecting Reporting on Whistleblower Allegations
by Laura Lee Prather
Before the close of the legislative session, Texas Governor
Greg Abbott has shown tremendous support for free speech and the rights of
whistleblowers by signing Senate Bill 627 codifying a defense for the news
media’s accurate reporting on third-party allegations. This defense had been
common law in Texas for twenty-five years but was called into question in a
recent Texas Supreme Court ruling. The enactment of SB 627 dispels any
questions about the existence of such a defense and protects the longstanding
need to allow the media to act as a watchdog through investigative reporting by
informing the public about potential wrongdoing, and to do so without the fear
reprisal if the allegation at issue later turns out to be false. Frequently the
media is the first to uncover problems that are subsequently investigated and
for which legislative reform is initiated, and it is important to preserve the
media’s ability to perform this vital function in our democracy.
Chairman Todd Hunter (R-Corpus Christi) and Senator Joan Huffman (R-Houston)
co-sponsored SB 627 which provides protection for reporting on significant
issues such as the allegations of improper government bidding for the 21 CT
contract that saved Texas citizens $110 million. Senator Huffman, Chair of the
Senate State Affairs committee, ensured early consideration of the issue by
scheduling a hearing on SB 627 at the first opportunity and encouraging a
discussion between all interested parties at the outset. Chairman Hunter, who
has been a stalwart supporter of free speech efforts in Texas and has been
instrumental in passing seminal First Amendment legislation in the last four
legislative sessions, mediated discussions of all stakeholders concerning the
bill. Haynes and Boone partner, Laura Lee Prather, led the negotiations on
behalf of the Texas Press Association, the Texas Association of Broadcasters,
and the Freedom of Information Foundation of Texas. The result was an agreed
upon bill that received unanimous support in both Chambers and became law when
the Governor signed the bill on May 28, 2015.
This is the fourth in a series of historic free speech bills Prather has been
involved in drafting, negotiating and seeing through passage, including the
Texas Free Flow of Information Act (reporter’s privilege), the Texas Citizens
Participation Act (anti-SLAPP), the Texas Defamation Mitigation Act
(retraction) and other government transparency related measures.
The passage of SB 627 codifies 25 years of common law, and with its passage
protects the media’s ability to shine a light on significant matters of public
concern brought to light by third parties uncovering such wrongdoing as abuse
at the Texas Youth Commission and in Texas special education classrooms,
exposure of financial mismanagement at CPRIT and improper government bidding
with the 21 CT contract, and bringing public attention to prosecutorial
misconduct in the case of Anthony Graves and Michael Morton. The type of
reporting protected by SB 627 can save lives and money and lead to governmental
investigations and legislative reform.
Read full article at: http://www.haynesboone.com/news-and-events/news/alerts/2015/05/29/texas-governor-signs-law-protecting-reporting-on-whistleblower-allegations