Sec. 73.055. REQUEST FOR CORRECTION, CLARIFICATION, OR RETRACTION. (a) A person may maintain an action for defamation only if:
(1) the person has made a timely and sufficient request for a correction, clarification, or retraction from the defendant; or
(2) the defendant has made a correction, clarification, or retraction.
(b) A request for a correction, clarification, or retraction is timely if made during the period of limitation for commencement of an action for defamation.
(c) If not later than the 90th day after receiving knowledge of the publication, the person does not request a correction, clarification, or retraction, the person may not recover exemplary damages.
(d) A request for a correction, clarification, or retraction is sufficient if it:
(1) is served on the publisher;
(2) is made in writing, reasonably identifies the person making the request, and is signed by the individual claiming to have been defamed or by the person's authorized attorney or agent;
(3) states with particularity the statement alleged to be false and defamatory and, to the extent known, the time and place of publication;
(4) alleges the defamatory meaning of the statement; and
(5) specifies the circumstances causing a defamatory meaning of the statement if it arises from something other than the express language of the publication.
(e) A period of limitation for commencement of an action under this section is tolled during the period allowed by Sections 73.056 and 73.057.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
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