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.