By Moffat H.B. No. 711
74R1384 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statute of limitations for actions for personal
1-3 injury or death.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 16, Civil Practice and
1-6 Remedies Code, is amended by adding Section 16.0045 to read as
1-7 follows:
1-8 Sec. 16.0045. FIVE-YEAR LIMITATIONS PERIOD. (a) A person
1-9 must bring suit for personal injury not later than five years after
1-10 the day the cause of action accrues.
1-11 (b) In an action for injury resulting in death, the cause of
1-12 action accrues on the death of the injured person.
1-13 SECTION 2. Section 16.003, Civil Practice and Remedies Code,
1-14 is amended to read as follows:
1-15 Sec. 16.003. Two-Year Limitations Period. <(a)> A person
1-16 must bring suit for trespass for injury to the estate or to the
1-17 property of another, conversion of personal property, taking or
1-18 detaining the personal property of another, <personal injury,>
1-19 forcible entry and detainer, and forcible detainer not later than
1-20 two years after the day the cause of action accrues.
1-21 <(b) A person must bring suit not later than two years after
1-22 the day the cause of action accrues in an action for injury
1-23 resulting in death. The cause of action accrues on the death of
1-24 the injured person.>
2-1 SECTION 3. This Act takes effect September 1, 1995, and
2-2 applies only to a cause of action that accrues on or after that
2-3 date. A cause of action that accrued before the effective date of
2-4 this Act is governed by the law in effect at the time the cause of
2-5 action accrued, and that law is continued in effect for that
2-6 purpose.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.