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79R1460 MFC-D

By:  Thompson                                                     H.B. No. 674


A BILL TO BE ENTITLED
AN ACT
relating to the statute of limitations for suits alleging sexual abuse. 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) Subject to 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) If a person could not reasonably discover an injury arising from the conduct described by Subsection (a) on the day the cause of action accrued, including emotional or psychological injury, the person must bring suit for damages arising from the injury not later than five years after the earlier of: (1) the date the person discovered the injury; or (2) the date the person should reasonably have discovered the injury. SECTION 2. This Act applies only to a cause of action arising from an injury that could not reasonably have been discovered before September 1, 2005. An action arising from an injury that could reasonably have been discovered before September 1, 2005, is governed by the law applicable to the action immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2005.