By Hartnett, Capelo                                   H.B. No. 2456
         76R10342 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the statute of limitations for certain civil actions.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 16.004(a), Civil Practice and Remedies
 1-5     Code, is amended to read as follows:
 1-6           (a)  A person must bring suit on the following actions not
 1-7     later than four years after the day the cause of action accrues:
 1-8                 (1)  specific performance of a contract for the
 1-9     conveyance of real property;
1-10                 (2)  penalty or damages on the penal clause of a bond
1-11     to convey real property; [or]
1-12                 (3)  debt;
1-13                 (4)  fraud; or
1-14                 (5)  breach of fiduciary duty.
1-15           SECTION 2.  (a)  The intent of this Act is to clarify
1-16     existing law by resolving a conflict in case law concerning the
1-17     applicable statute of limitations for actions for fraud and breach
1-18     of fiduciary duty.
1-19           (b)  It is not the intent of this Act to affect the two-year
1-20     statute of limitations applicable to an action for breach of the
1-21     duty of good faith and fair dealing in insurance contracts.
1-22           SECTION 3.  The importance of this legislation and the
1-23     crowded condition of the calendars in both houses create an
1-24     emergency and an imperative public necessity that the
 2-1     constitutional rule requiring bills to be read on three several
 2-2     days in each house be suspended, and this rule is hereby suspended.