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A BILL TO BE ENTITLED
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AN ACT
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relating to the accrual of and limitations periods for personal |
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injury claims that arise from certain offenses involving child |
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sexual abuse. |
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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 by amending Subsections (a) and (c) and adding |
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Subsection (a-1) to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] person |
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must bring suit for personal injury not later than 15 years after |
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the day the cause of action accrues if the injury arises as a result |
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of conduct that violates: |
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(1) Section 22.011(a)(2), Penal Code (sexual assault |
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of a child); |
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(2) Section 22.021(a)(1)(B), Penal Code (aggravated |
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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), Penal Code (certain sexual trafficking of a child); |
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(5) Section 43.05(a)(2), Penal Code (compelling |
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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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(a-1) A person may bring suit for personal injury not later |
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than 30 years after the day the cause of action accrues if: |
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(1) the injury arises as a result of conduct that |
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violates a section of the Penal Code listed in Subsection (a); and |
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(2) the person brings the suit solely against a person |
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or persons who committed the conduct. |
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(c) In an action described by this section for injury |
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resulting in death [arising as a result of conduct described by
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Subsection (a) or (b)], the cause of action accrues on the death of |
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the injured person. In an action described by this section for |
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injury not resulting in death, the cause of action accrues on the |
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last day that the conduct that violates a section of the Penal Code |
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listed in Subsection (a) or (b) occurs. |
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SECTION 2. (a) Section 16.0045(a-1), Civil Practice and |
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Remedies Code, as added by this Act, applies to a cause of action |
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that accrues on or after the effective date of this Act or a cause of |
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action that accrued before the effective date of this Act, if the |
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limitations period applicable to the cause of action immediately |
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before the effective date of this Act has not expired before the |
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effective date of this Act. |
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(b) Section 16.0045(c), Civil Practice and Remedies Code, |
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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 accrues before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |