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78R6752 AJA-D

By:  Farrar                                                       H.B. No. 1907


A BILL TO BE ENTITLED
AN ACT
relating to the statute of limitations for a suit for personal injury arising out of sexual assault of a child. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 16.0045, Civil Practice and Remedies Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) Except as provided by Subsection (d), a [A] person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury arises as a result of conduct that violates: (1) Section 22.011, Penal Code (sexual assault); or (2) Section 22.021, Penal Code (aggravated sexual assault). (d) A person who is under a legal disability under Section 16.001(a) at the time a cause of action for personal injury described by Subsection (a) accrues must bring suit for the personal injury not later than 10 years after the earliest date on which the person is no longer under that legal disability. SECTION 2. The change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act or a cause of action that accrued before the effective date of this Act if the limitations period for that cause of action under the law as it existed immediately before the effective date of this Act has not expired on the effective date of this Act. A cause of action that accrues before the effective date of this Act for which the limitations period under the law as it existed immediately before the effective date of this Act has expired is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2003.