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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 for a suit for personal |
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injury arising from certain offenses constituting sexual abuse of a |
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child. |
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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 CLAIMS |
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ARISING FROM CERTAIN OFFENSES. (a) A person may [must] bring suit |
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for personal injury at any time [not later than five years after the
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day the cause of action accrues] if the injury arises as a result of |
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conduct 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) involving an activity described by Section |
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20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a |
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child trafficked in the manner described by Section 20A.02(a)(7) |
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[20A.02], Penal Code (certain sexual trafficking of a child |
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[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 2. (a) The change in law made by this Act applies to |
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a cause of action that accrues on or after the effective date of |
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this Act or a cause of action that accrued before the effective date |
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of this Act, if the limitations period applicable to the cause of |
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action immediately before the effective date of this Act has not |
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expired before the effective date of this Act. |
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(b) A person with a cause of action described by Section |
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16.0045(a), Civil Practice and Remedies Code, as amended by this |
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Act, that accrued before the effective date of this Act and for |
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which the limitations period applicable to the cause of action |
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immediately before the effective date of this Act expired before |
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that date may file a suit for personal injury in connection with |
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that cause of action before September 1, 2017. |
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SECTION 3. This Act takes effect September 1, 2015. |