| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain suits for personal injury that arise as a result |
|
|
of conduct that violates certain Penal Code provisions concerning |
|
|
sexual offenses against a child but that are filed against certain |
|
|
persons who did not commit the conduct that violated those Penal |
|
|
Code provisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 16.0045(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) Except as provided by Subsection (a-1), a [A] person |
|
|
must bring suit for personal injury not later than 30 years after |
|
|
the day the cause of action accrues if the injury arises as a result |
|
|
of conduct that violates: |
|
|
(1) Section 22.011(a)(2), Penal Code (sexual assault |
|
|
of a child); |
|
|
(2) Section 22.021(a)(1)(B), Penal Code (aggravated |
|
|
sexual assault of a child); |
|
|
(3) Section 21.02, Penal Code (continuous sexual abuse |
|
|
of young child or disabled individual); |
|
|
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
|
|
Section 20A.02(a)(8), Penal Code, involving an activity described |
|
|
by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
|
|
with a child trafficked in the manner described by Section |
|
|
20A.02(a)(7), Penal Code (certain sexual trafficking of a child); |
|
|
(5) Section 43.05(a)(2), Penal Code (compelling |
|
|
prostitution by a child); or |
|
|
(6) Section 21.11, Penal Code (indecency with a |
|
|
child). |
|
|
SECTION 2. Section 16.0045, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsections (a-1), (a-2), and (a-3) to |
|
|
read as follows: |
|
|
(a-1) A person must bring suit for personal injury against a |
|
|
non-perpetrator not later than fifteen years after the day the |
|
|
cause of action accrues if: |
|
|
(1) the injury arises as a result of conduct that |
|
|
violates a Penal Code provision listed in Subsection (a); and |
|
|
(2) the person against whom the suit is filed had a |
|
|
safe environment program at the time the injury occurred. |
|
|
(a-2) For the purposes of Subsection (a-1): |
|
|
(1) "non-perpetrator" means a person who did not |
|
|
directly physically assault the claimant or a person who is not the |
|
|
individual who committed the conduct that violates a provision of |
|
|
the Penal Code listed in Subsection (a); and |
|
|
(2) "safe environment program" means a good faith |
|
|
effort by a person to: |
|
|
(A) conduct criminal background checks of the |
|
|
person's employees not less than one time every five years; |
|
|
(B) require the person's employees to attend not |
|
|
less than one time every five years an in-person or on-line |
|
|
educational program related to the sexual abuse of minors and the |
|
|
reporting of sexual abuse of minors; and |
|
|
(C) report allegations of sexual abuse of minors |
|
|
by employees of the person to the Department of Family and |
|
|
Protective Services or law enforcement as required by law. |
|
|
(a-3) A claimant who files a suit described by Subsection |
|
|
(a) against a person described by Subsection (a-1) may not recover |
|
|
any damages against a non-perpetrator unless the claimant proves |
|
|
each element of the cause of action by clear and convincing |
|
|
evidence. |
|
|
(a-4) Nothing in this Act creates a private cause of action |
|
|
against a person concerning a safe environment program as set forth |
|
|
herein. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a cause of action that accrues on or after the effective date of |
|
|
this Act. A cause of action that accrues before the effective date |
|
|
of this Act is governed by the law applicable to the cause of action |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023 |