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A BILL TO BE ENTITLED
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AN ACT
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relating to certain actions for personal injury that arise out of a |
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sexual offense against a child or disabled individual and are |
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brought against a non-perpetrator of the offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.0045(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 Section 81B.004, a [A] person must |
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bring suit for personal injury not later than 35 [30] 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 disabled individual); |
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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 or disabled individual trafficked in the manner |
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described by Section 20A.02(a)(7), Penal Code (certain sexual |
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trafficking); |
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(5) Section 43.05(a)(2) or (3), Penal Code (compelling |
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prostitution by a child or disabled 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 2. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 81B to read as follows: |
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CHAPTER 81B. SEXUAL ABUSE ACTIONS AGAINST CERTAIN NON-PERPETRATORS |
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Sec. 81B.001. DEFINITION. In this chapter, "safe |
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environment program" means a program implemented by a business or |
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organization under which the business or organization makes a good |
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faith effort to: |
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(1) conduct criminal background checks of employees at |
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least once every five years; |
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(2) require employees to attend an educational program |
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related to sexual abuse of minors and disabled individuals and the |
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reporting of sexual abuse of minors and disabled individuals at |
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least once every five years; and |
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(3) report allegations of sexual abuse of minors or |
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disabled individuals by employees to the Department of Family and |
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Protective Services or law enforcement, as required by law. |
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Sec. 81B.002. APPLICABILITY OF CHAPTER. This chapter |
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applies to an action: |
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(1) to recover damages for a personal injury that |
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arises as a result of conduct that: |
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(A) constitutes an offense described by Section |
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16.0045(a); and |
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(B) occurred while the injured person was under |
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the care of a business or organization that was operating a safe |
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environment program; and |
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(2) brought against a person who: |
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(A) was an owner, operator, or employee of the |
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business or organization at the time of the offense; and |
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(B) was not the perpetrator of the offense. |
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Sec. 81B.003. STANDARD OF PROOF. The claimant in an action |
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described by Section 81B.002 may not recover damages in the action |
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unless the claimant proves the elements of the cause of action by |
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clear and convincing evidence. |
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Sec. 81B.004. LIMITATIONS PERIOD. A person must bring an |
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action described by Section 81B.002 not later than 30 years after |
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the day the cause of action accrues. |
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Sec. 81B.005. LIABILITY LIMITS. In an action described by |
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Section 81B.002, the liability of the defendant is limited to money |
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damages in a maximum amount of: |
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(1) $250,000 for each single occurrence; and |
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(2) $1 million per claimant. |
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Sec. 81B.006. IMMUNITY WAIVED. (a) Notwithstanding any |
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other law and except as provided by Subsection (b), a person's |
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sovereign or governmental immunity, as applicable, to suit and from |
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liability is waived to the extent of the liability limits described |
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by Section 81B.005. |
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(b) This chapter does not waive sovereign immunity to suit |
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and from liability under the Eleventh Amendment to the United |
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States Constitution. |
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Sec. 81B.007. CONSTRUCTION OF CHAPTER. Nothing in this |
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chapter creates a cause of action against a person concerning a safe |
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environment program. |
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SECTION 3. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |