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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(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person must bring suit for personal injury not later |
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than 30 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)(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 |
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abuse of young child or disabled individual), unless the victim is a |
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child younger than 14 years of age; |
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(2) [(4)] Section 20A.02(a)(7)(A), [(B),] (C), (D), |
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or (H) or Section 20A.02(a)(8), Penal Code, involving an activity |
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described by Section 20A.02(a)(7)(A), [(B),] (C), (D), or (H) or |
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sexual conduct with a [child or] disabled individual trafficked in |
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the manner described by Section 20A.02(a)(7), Penal Code (certain |
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sexual trafficking); or |
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(3) [(5)] Section 43.05(a)(3) [43.05(a)(2) or (3)], |
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Penal Code (compelling prostitution by a [child or] disabled |
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individual)[; or |
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[(6) Section 21.11, Penal Code (indecency with a |
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child)]. |
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SECTION 3. Subchapter A, Chapter 16, Civil Practice and |
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Remedies Code, is amended by adding Section 16.0046 to read as |
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follows: |
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Sec. 16.0046. NO LIMITATIONS PERIOD. A person may bring a |
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suit for personal injury at any time if the injury arises as a |
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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 disabled individual), if the victim is a child |
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younger than 14 years of age; |
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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), if the victim is |
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a child, or sexual conduct with a child trafficked in the manner |
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described by Section 20A.02(a)(7), Penal Code (certain sexual |
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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, 2025. |