BILL ANALYSIS



C.S.H.B. 2330
By: Moffat
5-1-95
Committee Report (Substituted)


BACKGROUND

Under current law, a person seeking civil damages for personal
injury or death must file suit not later than two years after the
cause of action, or two years after the eighteenth birthday of the
victim. In situations resulting in death, the cause of action
accrues from the date of death.  Persons seeking civil damages in
cases involving sexual assault or aggravated sexual assault must
bring suit within the two year limit. In many cases, the victim
requires more than two years to fully resolve the emotional
conflicts involved. House Bill 2330 applies only to personal injury
or death as a result of rape or sexual assault.

PURPOSE

As proposed, H.B. 2330 extends the statute of limitations for
personal injury or death from two to five years with the
stipulation that the cause of action accrues if the injury is the
result of sexual assault or aggravated sexual assault.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1. Amends Subchapter A, Chapter 16, Civil Practice and
Remedies Code, by adding Section 16.0045, as follows:

     Sec. 16.0045. FIVE-YEAR LIMITATIONS PERIOD. (a) Allows for
bringing suit for personal injury not later than five years from
the date of the cause of action if the injury arises as a result of
conduct that violates:
     (1) Section 22.011, Penal Code (sexual assault); or
     (2) Section 22.021, Penal Code (aggravated sexual assault).

     (b) Specifies that the cause of action accrues, as a result of
conduct described in Subsection (a), on the death of the injured
person.

     (c) Allows the filing of a petition in the appropriate court
for the purposes of tolling the statute of limitations in a claim
arising from conduct described in subsection (a). Provides that
unknown defendants be designated by "John or Jane Doe". Sets a time
limit of thirty days for substitution of the real name of the
defendant for the "John or Jane Doe" designation once the real name
is known.

     SECTION 2. Amends Section 16.003(a), Civil Practice and
Remedies Code, as follows:

     Sec. 16.003(a). Adds the phrase "Except as provided by Section
16.0045, a"  exempting only causes of action arising from violation
of Sections 22.011 and 22.021, Penal Code.

     SECTION 3. Effective date - effective immediately.



COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2330 adds Subsection (c) which allows the filing of a
petition in the appropriate court for the purposes of tolling the
statute of limitations in a claim arising from conduct described in
Subsection (a). Subsection (c), by providing that unknown
defendants be designated by "John or Jane Doe", sets a time limit
of thirty days for substitution of the real name of the defendant
for the "John or Jane Doe" designation once the real name is known.

Sections 3 & 4 were stricken from the original and replaced in the
substitute with a new Section 3 allowing the bill to become
effective immediately upon passage.


SUMMARY OF COMMITTEE ACTION

H.B. 2330 was considered by the Civil Practices Committee in a
public hearing on April 26, 1995. The following people testified in
support of the bill: Mike Slack, an attorney, representing himself
and the Texas Trial Lawyers Association. No one testified in
opposition to or neutrally on the bill. The committee considered a
complete substitute for the bill. One amendment was offered to the
substitute, which was adopted without objection. The substitute, as
amended, was adopted without objection. The chair directed the
staff to incorporate the amendment into the substitute. The bill
was left pending. H.B. 2330 was considered by the Civil Practices
Committee in a formal meeting on April 27, 1995. The bill was
reported favorably, as substituted, with the recommendation that it
do pass and be printed, by a record vote of seven ayes, zero nays,
zero pnv and two absent.