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A BILL TO BE ENTITLED
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AN ACT
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relating to certain suits for personal injury that arise as a result |
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of conduct that violates certain Penal Code provisions concerning |
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sexual offenses against a child but that are filed against certain |
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persons who did not commit the conduct that violated those Penal |
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Code provisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.0045(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] person |
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must bring suit for personal injury not later than 30 years after |
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the day the cause of action accrues if the injury arises as a result |
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of conduct that violates: |
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(1) Section 22.011(a)(2), Penal Code (sexual assault |
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of a child); |
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(2) Section 22.021(a)(1)(B), Penal Code (aggravated |
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sexual assault of a child); |
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(3) Section 21.02, Penal Code (continuous sexual abuse |
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of young child or disabled individual); |
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(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
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Section 20A.02(a)(8), Penal Code, involving an activity described |
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by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
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with a child trafficked in the manner described by Section |
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20A.02(a)(7), Penal Code (certain sexual trafficking of a child); |
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(5) Section 43.05(a)(2), Penal Code (compelling |
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prostitution by a child); or |
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(6) Section 21.11, Penal Code (indecency with a |
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child). |
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SECTION 2. Section 16.0045, Civil Practice and Remedies |
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Code, is amended by adding Subsections (a-1), (a-2), and (a-3) to |
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read as follows: |
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(a-1) A person must bring suit for personal injury against a |
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non-perpetrator not later than fifteen years after the day the |
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cause of action accrues if: |
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(1) the injury arises as a result of conduct that |
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violates a Penal Code provision listed in Subsection (a); and |
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(2) the person against whom the suit is filed had a |
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safe environment program at the time the injury occurred. |
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(a-2) For the purposes of Subsection (a-1): |
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(1) "non-perpetrator" means a person who did not |
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directly physically assault the claimant or a person who is not the |
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individual who committed the conduct that violates a provision of |
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the Penal Code listed in Subsection (a); and |
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(2) "safe environment program" means a good faith |
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effort by a person to: |
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(A) conduct criminal background checks of the |
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person's employees not less than one time every five years; |
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(B) require the person's employees to attend not |
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less than one time every five years an in-person or on-line |
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educational program related to the sexual abuse of minors and the |
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reporting of sexual abuse of minors; and |
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(C) report allegations of sexual abuse of minors |
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by employees of the person to the Department of Family and |
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Protective Services or law enforcement as required by law. |
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(a-3) A claimant who files a suit described by Subsection |
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(a) against a person described by Subsection (a-1) may not recover |
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any damages against a non-perpetrator unless the claimant proves |
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each element of the cause of action by clear and convincing |
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evidence. |
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(a-4) Nothing in this Act creates a private cause of action |
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against a person concerning a safe environment program as set forth |
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herein. |
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SECTION 3. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023 |