1-1 By: Hartnett, Capelo (Senate Sponsor - Wentworth) H.B. No. 2456
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 13, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 13, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the statute of limitations for certain civil actions.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 16.004(a), Civil Practice and Remedies
1-11 Code, is amended to read as follows:
1-12 (a) A person must bring suit on the following actions not
1-13 later than four years after the day the cause of action accrues:
1-14 (1) specific performance of a contract for the
1-15 conveyance of real property;
1-16 (2) penalty or damages on the penal clause of a bond
1-17 to convey real property; [or]
1-18 (3) debt;
1-19 (4) fraud; or
1-20 (5) breach of fiduciary duty.
1-21 SECTION 2. (a) The intent of this Act is to clarify
1-22 existing law by resolving a conflict in case law concerning the
1-23 applicable statute of limitations for actions for fraud and breach
1-24 of fiduciary duty.
1-25 (b) It is not the intent of this Act to affect the two-year
1-26 statute of limitations applicable to an action for breach of the
1-27 duty of good faith and fair dealing in insurance contracts.
1-28 SECTION 3. The importance of this legislation and the
1-29 crowded condition of the calendars in both houses create an
1-30 emergency and an imperative public necessity that the
1-31 constitutional rule requiring bills to be read on three several
1-32 days in each house be suspended, and this rule is hereby suspended.
1-33 * * * * *