H.B. No. 2330
1-1 AN ACT
1-2 relating to the statute of limitations for personal injury or death
1-3 as a result of sexual assault.
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 if the injury arises as a
1-11 result of conduct that violates:
1-12 (1) Section 22.011, Penal Code (sexual assault); or
1-13 (2) Section 22.021, Penal Code (aggravated sexual
1-14 assault).
1-15 (b) In an action for injury resulting in death arising as a
1-16 result of conduct described by Subsection (a), the cause of action
1-17 accrues on the death of the injured person.
1-18 (c) The limitations period under this section is tolled for
1-19 a suit on the filing of a petition by any person in an appropriate
1-20 court alleging that the identity of the defendant in the suit is
1-21 unknown and designating the unknown defendant as "John or Jane
1-22 Doe." The person filing the petition shall proceed with due
1-23 diligence to discover the identity of the defendant and amend the
1-24 petition by substituting the real name of the defendant for "John
2-1 or Jane Doe" not later than the 30th day after the date that the
2-2 defendant is identified to the plaintiff. The limitations period
2-3 begins running again on the date that the petition is amended.
2-4 SECTION 2. Section 16.003(a), Civil Practice and Remedies
2-5 Code, is amended to read as follows:
2-6 (a) Except as provided by Section 16.0045, a <A> person must
2-7 bring suit for trespass for injury to the estate or to the property
2-8 of another, conversion of personal property, taking or detaining
2-9 the personal property of another, personal injury, forcible entry
2-10 and detainer, and forcible detainer not later than two years after
2-11 the day the cause of action accrues.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.