74R12053 E
          By Moffat                                             H.B. No. 2330
          Substitute the following for H.B. No. 2330:
          By Hartnett                                       C.S.H.B. No. 2330
                                 A BILL TO BE ENTITLED
    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.