81R22646 CAE-F
By: Brown of Brazos H.B. No. 3246
Substitute the following for H.B. No. 3246:
By: Hartnett C.S.H.B. No. 3246
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a writ of attachment in a civil suit for
certain sexual assaults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 61, Civil Practice and
Remedies Code, is amended by adding Section 61.0021 to read as
follows:
Sec. 61.0021. GROUNDS FOR ATTACHMENT IN SUIT FOR SEXUAL
ASSAULT. (a) Notwithstanding any other provision of this code,
attachment is available to a plaintiff who:
(1) has general grounds for issuance under Sections
61.001(2) and (3); and
(2) institutes a suit for personal injury arising as a
result of conduct that violates:
(A) Section 22.011(a)(2), Penal Code (sexual
assault of a child);
(B) Section 22.021(a)(1)(B), Penal Code
(aggravated sexual assault of a child);
(C) Section 21.02, Penal Code (continuous sexual
abuse of young child or children); or
(D) Section 21.11, Penal Code (indecency with a
child).
(b) A court may issue a writ of attachment in a suit
described by Subsection (a) in an amount the court determines to be
appropriate to provide for the counseling and medical needs of the
plaintiff.
SECTION 2. Section 61.022, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsection
(a-1) to read as follows:
(a) Except as provided by Subsection (a-1), to [To] apply
for a writ of attachment, a plaintiff or the plaintiff's [his] agent
or attorney must file with the court an affidavit that states:
(1) general grounds for issuance under Sections
61.001(1), (2), and (3);
(2) the amount of the demand; and
(3) specific grounds for issuance under Section
61.002.
(a-1) To apply for a writ of attachment under Section
61.0021, a plaintiff or the plaintiff's agent or attorney must file
with the court an affidavit that states:
(1) general grounds for issuance under Sections
61.001(2) and (3);
(2) specific grounds for issuance under Section
61.0021(a); and
(3) the amount of the demand based on the estimated
cost of counseling and medical needs of the plaintiff.
SECTION 3. The change in law made by this Act applies 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 in effect 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, 2009.