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A BILL TO BE ENTITLED
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AN ACT
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relating to elimination of limitations periods for suits for |
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personal injury arising from certain offenses against a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.003(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Except as provided by Sections 16.010, 16.0031, [and] |
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16.0045, and 16.0046, a person must bring suit for trespass for |
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injury to the estate or to the property of another, conversion of |
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personal property, taking or detaining the personal property of |
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another, personal injury, forcible entry and detainer, and forcible |
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detainer not later than two years after the day the cause of action |
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accrues. |
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SECTION 2. Section 16.0045(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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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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SECTION 3. Section 16.0045(a), Civil Practice and Remedies |
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Code, is redesignated as Section 16.0046, Civil Practice and |
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Remedies Code, and amended to read as follows: |
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Sec. 16.0046. NO LIMITATIONS PERIOD. [(a)] A person may |
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[must] bring a suit for personal injury at any time [not later than |
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30 years after the day the cause of action accrues] if the injury |
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arises as a result 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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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made by this Act apply to a cause of |
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action that accrues before, on, or after the effective date of this |
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Act, regardless of whether: |
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(1) the limitations period applicable to the cause of |
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action immediately before the effective date of this Act expired |
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before the effective date of this Act; or |
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(2) the cause of action was the subject of a claim for |
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which a limitations period applicable to the cause of action before |
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the effective date of this Act was determinative. |
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(b) The changes in law made by this Act do not affect a |
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judgment in litigation: |
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(1) that became final before the effective date of |
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this Act; and |
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(2) for which the limitations period applicable to the |
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cause of action before the effective date of this Act was not |
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determinative. |
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SECTION 5. This Act takes effect September 1, 2021. |