Shield Bill Back Again

For the third time in as many sessions, Texas lawmakers will consider a shield-law bill that would protect journalists and whistleblowers from being forced to reveal information, or sources of information, in court. The bill (HB 670) filed by Rep. Trey Martinez Fischer, D-San Antonio (with a Senate companion filed by Rodney Ellis, D-Houston), is designed to "increase the free flow of information and preserve a free and active press," by protecting journalists from having to testify in court or turn over "confidential or nonconfidential" information obtained while news gathering. Under the bill a court could still compel disclosure of some information, but only if a "clear and specific" showing can be made, in part, that "all reasonable efforts" to obtain the information in another manner "have been exhausted."

Although 34 states and Washington, D.C. already have shield laws – the books, the measure has been thwarted from passage here – at least in part because some prosecutors don't particularly care for the measure, which puts the burden on them to prove that the information they seek can't be obtained in any other way. The 2007 version of the bill (SB966) was on its way to becoming law when Rep. Debbie Riddle, R-Tomball, killed it on a procedural motion.

This year's measure is scheduled for public hearing on Monday, March 2, in the House Judiciary and Civil Jurisprudence Committee. You can watch the action here.