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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 84th Legislature, Regular Session, 2015, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 189 (the statute of |
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limitations for a suit for personal injury arising from certain |
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offenses constituting sexual abuse of a child or for certain sexual |
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assault offenses) to consider and take action on the following |
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matter: |
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House Rule 13, Section 9(a)(4), is suspended to permit the |
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committee to add text on a matter which is not included in either |
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the house or senate version of the bill by adding the following new |
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SECTIONS to the bill: |
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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 CLAIMS |
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ARISING FROM CERTAIN OFFENSES. (a) A person must bring suit for |
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personal injury not later than 15 [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); |
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(3) Section 21.02, Penal Code (continuous sexual abuse |
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of young child or children); |
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(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
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Section 20A.02(a)(8), Penal Code, involving an activity described |
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by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
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with a child trafficked in the manner described by Section |
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20A.02(a)(7) [20A.02], Penal Code (certain sexual trafficking of a |
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child [persons]); [or] |
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(5) Section 43.05(a)(2) [43.05], Penal Code |
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(compelling prostitution by a child); or |
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(6) 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 five 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); |
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(2) Section 22.021(a)(1)(A), Penal Code (aggravated |
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sexual assault); |
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(3) Section 20A.02, Penal Code (trafficking of |
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persons), other than conduct described by Subsection (a)(4); or |
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(4) Section 43.05(a)(1), Penal Code (compelling |
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prostitution). |
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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 3. Section 16.0045, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrued before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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Explanation: This addition is necessary to change the |
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statute of limitations for a suit for personal injury arising from |
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certain offenses constituting sexual abuse of a child. |