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A BILL TO BE ENTITLED
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AN ACT
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relating to applicability of a statute of limitations to an action |
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based on a right or remedy provided by the Texas Constitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.051, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 16.051. RESIDUAL LIMITATIONS PERIOD. (a) Every action |
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for which there is no express limitations period, except an action |
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for the recovery of real property, must be brought not later than |
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four years after the day the cause of action accrues. |
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(b) The residual limitations period provided by Subsection |
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(a) does not apply to an action to enforce a right or remedy |
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provided by the constitution of this state, which is superior to all |
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state statutes, including a statute of limitations. |
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SECTION 2. The amendment by this Act of Section 16.051, |
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Civil Practice and Remedies Code, is intended to clarify rather |
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than change existing law. An action to enforce a right or remedy |
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provided by the constitution of this state is not time barred |
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regardless of when the cause of action accrued and may be brought on |
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or after the effective date of this Act notwithstanding any |
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application of a statute of limitations to an action filed before |
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the effective date of this Act asserting the same cause of action. |
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SECTION 3. This Act takes effect September 1, 2015. |