| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to elimination of limitations periods for suits for |
|
|
personal injury arising from certain offenses against a child or |
|
|
disabled individual. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 16.003(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) Except as provided by Sections 16.010, 16.0031, [and] |
|
|
16.0045, and 16.0046, a person must bring suit for trespass for |
|
|
injury to the estate or to the property of another, conversion of |
|
|
personal property, taking or detaining the personal property of |
|
|
another, personal injury, forcible entry and detainer, and forcible |
|
|
detainer not later than two years after the day the cause of action |
|
|
accrues. |
|
|
SECTION 2. Section 16.0045(c), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(c) In an action for injury resulting in death arising as a |
|
|
result of conduct described by Subsection [(a) or] (b), the cause of |
|
|
action accrues on the death of the injured person. |
|
|
SECTION 3. Section 16.0045(a), Civil Practice and Remedies |
|
|
Code, is redesignated as Section 16.0046, Civil Practice and |
|
|
Remedies Code, and amended to read as follows: |
|
|
Sec. 16.0046. NO LIMITATIONS PERIOD. [(a)] A person may |
|
|
[must] bring a suit for personal injury at any time [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 or disabled individual trafficked in the manner |
|
|
described by Section 20A.02(a)(7), Penal Code (certain sexual |
|
|
trafficking); |
|
|
(5) Section 43.05(a)(2) or (3), Penal Code (compelling |
|
|
prostitution by a child or disabled individual); or |
|
|
(6) Section 21.11, Penal Code (indecency with a |
|
|
child). |
|
|
SECTION 4. (a) Except as provided by this section, the |
|
|
changes in law made by this Act apply to a cause of action that |
|
|
accrues on or after the effective date of this Act. |
|
|
(b) Except as provided by this section, the changes in law |
|
|
made by this Act apply retroactively to a cause of action arising |
|
|
out of child sexual abuse that occurred before the effective date of |
|
|
this Act, regardless of any statute of limitations in effect at the |
|
|
time the cause of action accrued. |
|
|
(c) The changes in law made by this Act do not affect a |
|
|
judgment in litigation: |
|
|
(1) that became final before the effective date of |
|
|
this Act; and |
|
|
(2) for which the limitations period applicable to the |
|
|
cause of action before the effective date of this Act was not |
|
|
determinative. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |