81R10328 CAE-F
By: Watson S.B. No. 1931
A BILL TO BE ENTITLED
AN ACT
relating to the statute of limitations in a civil suit for certain
sexual assaults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.0045, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 16.0045. [FIVE-YEAR] LIMITATIONS PERIOD FOR CERTAIN
SEXUAL ASSAULTS. (a) A person may [must] bring suit for personal
injury at any time [not later than five 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) [22.011], Penal Code (sexual
assault of a child);
(2) Section 22.021(a)(1)(B) [22.021], Penal Code
(aggravated sexual assault of a child); [or]
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or children); or
(4) Section 21.11, Penal Code (indecency with a
child).
(b) A person must bring suit for personal injury not later
than 10 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)(1), Penal Code (sexual
assault); or
(2) Section 22.021(a)(1)(A), Penal Code (aggravated
sexual assault).
(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.
(d) A [(c) The] limitations period under this section is
tolled for a suit on the filing of a petition by any person in an
appropriate court alleging that the identity of the defendant in
the suit is unknown and designating the unknown defendant as "John
or Jane Doe." The person filing the petition shall proceed with due
diligence to discover the identity of the defendant and amend the
petition by substituting the real name of the defendant for "John or
Jane Doe" not later than the 30th day after the date that the
defendant is identified to the plaintiff. The limitations period
begins running again on the date that the petition is amended.
SECTION 2. 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 3. This Act takes effect September 1, 2009.