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.