Texas 2009 - 81st Regular

Texas House Bill HB3246 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3246
2	2
3	3
4	4	AN ACT
5	5	relating to the issuance of a writ of attachment in a civil suit for
6	6	certain sexual assaults.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter A, Chapter 61, Civil Practice and
9	9	Remedies Code, is amended by adding Section 61.0021 to read as
10	10	follows:
11	11	Sec. 61.0021. GROUNDS FOR ATTACHMENT IN SUIT FOR SEXUAL
12	12	ASSAULT. (a) Notwithstanding any other provision of this code,
13	13	attachment is available to a plaintiff who:
14	14	(1) has general grounds for issuance under Sections
15	15	61.001(2) and (3); and
16	16	(2) institutes a suit for personal injury arising as a
17	17	result of conduct that violates:
18	18	(A) Section 22.011(a)(2), Penal Code (sexual
19	19	assault of a child);
20	20	(B) Section 22.021(a)(1)(B), Penal Code
21	21	(aggravated sexual assault of a child);
22	22	(C) Section 21.02, Penal Code (continuous sexual
23	23	abuse of young child or children); or
24	24	(D) Section 21.11, Penal Code (indecency with a
25	25	child).
26	26	(b) A court may issue a writ of attachment in a suit
27	27	described by Subsection (a) in an amount the court determines to be
28	28	appropriate to provide for the counseling and medical needs of the
29	29	plaintiff.
30	30	SECTION 2. Section 61.022, Civil Practice and Remedies
31	31	Code, is amended by amending Subsection (a) and adding Subsection
32	32	(a-1) to read as follows:
33	33	(a) Except as provided by Subsection (a-1), to [To] apply
34	34	for a writ of attachment, a plaintiff or the plaintiff's [his] agent
35	35	or attorney must file with the court an affidavit that states:
36	36	(1) general grounds for issuance under Sections
37	37	61.001(1), (2), and (3);
38	38	(2) the amount of the demand; and
39	39	(3) specific grounds for issuance under Section
40	40	61.002.
41	41	(a-1) To apply for a writ of attachment under Section
42	42	61.0021, a plaintiff or the plaintiff's agent or attorney must file
43	43	with the court an affidavit that states:
44	44	(1) general grounds for issuance under Sections
45	45	61.001(2) and (3);
46	46	(2) specific grounds for issuance under Section
47	47	61.0021(a); and
48	48	(3) the amount of the demand based on the estimated
49	49	cost of counseling and medical needs of the plaintiff.
50	50	SECTION 3. The change in law made by this Act applies only
51	51	to a cause of action that accrues on or after the effective date of
52	52	this Act. A cause of action that accrues before the effective date
53	53	of this Act is governed by the law in effect immediately before the
54	54	effective date of this Act, and that law is continued in effect for
55	55	that purpose.
56	56	SECTION 4. This Act takes effect September 1, 2009.
57	57	______________________________ ______________________________
58	58	President of the Senate Speaker of the House
59	59	I certify that H.B. No. 3246 was passed by the House on April
60	60	28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
61	61	voting.
62	62	______________________________
63	63	Chief Clerk of the House
64	64	I certify that H.B. No. 3246 was passed by the Senate on May
65	65	21, 2009, by the following vote: Yeas 31, Nays 0.
66	66	______________________________
67	67	Secretary of the Senate
68	68	APPROVED: _____________________
69	69	Date
70	70	_____________________
71	71	Governor