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F I S C A L I M P A C T R E P O R T
SPONSOR Martinez
DATE TYPED 2/23/05
HB
SHORT TITLE Amber Alert Broadcast Civil Liability
SB 726
ANALYST Ford
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Attorney General (AGO)
SUMMARY
Synopsis of Bill
Senate Bill 726 provides immunity to radio or television broadcast organizations from civil dam-
ages of any kind connected with the notification and broadcast of information provided by law
enforcement agencies pursuant to the AMBER Alert Law.
Significant Issues
The AGO notes that the AMBER Alert Law applies to print, radio, television or other media but
this bill provides immunity only to radio and television.
The AGO also notes that this bill provides broad immunity without creating an obligation of
good faith. The AGO further notes that the bill does not prohibit a lawsuit for negligent or reck-
less conduct, such as slander. Presumably, the courts will decide in which cases immunity ap-
plies.
FISCAL IMPLICATIONS
The bill does not create any requirements for any state agency and thus, there is no fiscal impact.
pg_0002
Senate Bill 726 -- Page 2
POSSIBLE QUESTIONS
Should the bill extend to other media outlets in addition to television and radio.
Should the bill impose a standard of good faith and without reckless or negligent disregard for
the truth before immunity applies.
EF/yr