By Moffat                                             H.B. No. 2330
       74R7780 DAK-D
                                 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        SECTION 2.  Section 16.003(a), Civil Practice and Remedies
   1-19  Code, is amended to read as follows:
   1-20        (a)  Except as provided by Section 16.0045, a <A> person must
   1-21  bring suit for trespass for injury to the estate or to the property
   1-22  of another, conversion of personal property, taking or detaining
   1-23  the personal property of another, personal injury, forcible entry
   1-24  and detainer, and forcible detainer not later than two years after
    2-1  the day the cause of action accrues.
    2-2        SECTION 3.  This Act takes effect September 1, 1995, and
    2-3  applies only to a cause of action that accrues on or after that
    2-4  date.  A cause of action that accrued before the effective date of
    2-5  this Act is governed by the law in effect at the time the cause of
    2-6  action accrued, and that law is continued in effect for that
    2-7  purpose.
    2-8        SECTION 4.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.