| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to recovery of loss of consortium damages by a parent for |
|
|
injury to a child as a result of certain crimes against the child. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 94 to read as follows: |
|
|
CHAPTER 94. LOSS OF CHILD CONSORTIUM |
|
|
Sec. 94.001. DEFINITIONS. In this chapter: |
|
|
(1) "Child" means a person under 18 years of age. |
|
|
(2) "Parent" means a person standing in parental |
|
|
relation. |
|
|
Sec. 94.002. CAUSE OF ACTION. A person is liable to the |
|
|
parent of a child for loss of consortium damages if a court of this |
|
|
state has found the person liable to the child for injury resulting |
|
|
from conduct described by one of the following sections of the Penal |
|
|
Code: |
|
|
(1) Section 20.03 (kidnapping); |
|
|
(2) Section 20.04 (aggravated kidnapping); |
|
|
(3) Section 21.02 (continuous sexual abuse of young |
|
|
child); |
|
|
(4) Section 22.01 (assault); |
|
|
(5) Section 22.011 (sexual assault); |
|
|
(6) Section 22.02 (aggravated assault); |
|
|
(7) Section 22.021 (aggravated sexual assault); or |
|
|
(8) Section 22.04 (injury to a child). |
|
|
SECTION 2. Chapter 94, Civil Practice and Remedies Code, as |
|
|
added by this Act, applies only to a cause of action that accrues on |
|
|
or after the effective date of this Act. An action that accrued |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect 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, 2009. |