BILL ANALYSIS


                                                        H.B. 2330
                                          By: Moffat (Harris, C.)
                                                    Jurisprudence
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

A person seeking civil damages for personal injury or death must
file suit within two years after the cause of action, or two years
after the 18th 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.  

PURPOSE

As proposed, H.B. 2330 extends the statute 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 16A, V.T.C.S., by adding Section 16.0045,
as follows:

     Sec. 16.0045.  FIVE-YEAR LIMITATIONS PERIOD.  (a) Requires a
     person to bring suit for personal injury within five years
     after the day the cause of action accrues if the injury arises
     as a result of conduct that violates Sections 22.011 (sexual
     assault) or 22.021 (aggravated sexual assault), Penal Code.
     
     (b) Provides that the cause of action accrues on the death
       of the injured person in an action for injury resulting in
       death arising from conduct described by Subsection (a).
       
       (c) Provides that the limitations period is tolled for a
       suit on the filing of a petition by any person alleging that
       the identity of the defendant in the suit is unknown and
       designating the defendant as "John or Jane Doe."  Requires
       the person filing the petition to proceed to discover the
       identity of the defendant and substitute the real name of
       the defendant in the petition within 30th day after the date
       that the defendant is identified to the plaintiff.  Provides
       that the limitations period begins running again on the date
       that the petition is amended.
SECTION 2. Amends Section 16.003(a), Civil Practice and Remedies
Code, to make a conforming change.

SECTION 3. Emergency clause.
           Effective date: upon passage.