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A BILL TO BE ENTITLED
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AN ACT
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relating to the statute of limitations in a civil suit for certain |
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sexual assaults. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.0045, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 16.0045. [FIVE-YEAR] LIMITATIONS PERIOD FOR CERTAIN |
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SEXUAL ASSAULTS. (a) A person may [must] bring suit for personal |
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injury at any time [not later than five years after the day the
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cause of action accrues] if the injury arises as a result of conduct |
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that violates: |
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(1) Section 22.011(a)(2) [22.011], Penal Code (sexual |
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assault of a child); |
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(2) Section 22.021(a)(1)(B) [22.021], Penal Code |
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(aggravated sexual assault of a child); [or] |
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(3) Section 21.02, Penal Code (continuous sexual abuse |
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of young child or children); or |
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(4) Section 21.11, Penal Code (indecency with a |
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child). |
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(b) A person must bring suit for personal injury not later |
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than 10 years after the day the cause of action accrues if the |
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injury arises as a result of conduct that violates: |
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(1) Section 22.011(a)(1), Penal Code (sexual |
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assault); or |
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(2) Section 22.021(a)(1)(A), Penal Code (aggravated |
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sexual assault). |
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(c) In an action for injury resulting in death arising as a |
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result of conduct described by Subsection (a) or (b), the cause of |
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action accrues on the death of the injured person. |
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(d) A [(c) The] limitations period under this section is |
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tolled for a suit on the filing of a petition by any person in an |
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appropriate court alleging that the identity of the defendant in |
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the suit is unknown and designating the unknown defendant as "John |
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or Jane Doe." The person filing the petition shall proceed with due |
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diligence to discover the identity of the defendant and amend the |
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petition by substituting the real name of the defendant for "John or |
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Jane Doe" not later than the 30th day after the date that the |
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defendant is identified to the plaintiff. The limitations period |
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begins running again on the date that the petition is amended. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |