| 1 | 1 | | 84R25236 CAE-D |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 1102 |
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| 3 | 3 | | Substitute the following for H.B. No. 1102: |
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| 4 | 4 | | By: Thompson of Harris C.S.H.B. No. 1102 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the statute of limitations for a suit for personal |
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| 10 | 10 | | injury arising from certain offenses constituting sexual abuse of a |
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| 11 | 11 | | child. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 16.0045, Civil Practice and Remedies |
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| 14 | 14 | | Code, is amended to read as follows: |
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| 15 | 15 | | Sec. 16.0045. [FIVE-YEAR] LIMITATIONS PERIOD FOR CLAIMS |
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| 16 | 16 | | ARISING FROM CERTAIN OFFENSES. (a) A person must bring suit for |
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| 17 | 17 | | personal injury not later than 15 [five] years after the day the |
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| 18 | 18 | | cause of action accrues if the injury arises as a result of conduct |
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| 19 | 19 | | that violates: |
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| 20 | 20 | | (1) Section 22.011(a)(2) [22.011], Penal Code (sexual |
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| 21 | 21 | | assault of a child); |
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| 22 | 22 | | (2) Section 22.021(a)(1)(B) [22.021], Penal Code |
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| 23 | 23 | | (aggravated sexual assault of a child); |
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| 24 | 24 | | (3) Section 21.02, Penal Code (continuous sexual abuse |
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| 25 | 25 | | of young child or children); |
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| 26 | 26 | | (4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
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| 27 | 27 | | Section 20A.02(a)(8), Penal Code, involving an activity described |
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| 28 | 28 | | by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
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| 29 | 29 | | with a child trafficked in the manner described by Section |
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| 30 | 30 | | 20A.02(a)(7) [20A.02], Penal Code (certain sexual trafficking of a |
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| 31 | 31 | | child [persons]); [or] |
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| 32 | 32 | | (5) Section 43.05(a)(2) [43.05], Penal Code |
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| 33 | 33 | | (compelling prostitution by a child); or |
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| 34 | 34 | | (6) Section 21.11, Penal Code (indecency with a |
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| 35 | 35 | | child). |
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| 36 | 36 | | (b) A person must bring suit for personal injury not later |
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| 37 | 37 | | than five years after the day the cause of action accrues if the |
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| 38 | 38 | | injury arises as a result of conduct that violates: |
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| 39 | 39 | | (1) Section 22.011(a)(1), Penal Code (sexual |
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| 40 | 40 | | assault); |
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| 41 | 41 | | (2) Section 22.021(a)(1)(A), Penal Code (aggravated |
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| 42 | 42 | | sexual assault); |
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| 43 | 43 | | (3) Section 20A.02, Penal Code (trafficking of |
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| 44 | 44 | | persons), other than conduct described by Subsection (a)(4); or |
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| 45 | 45 | | (4) Section 43.05(a)(1), Penal Code (compelling |
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| 46 | 46 | | prostitution). |
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| 47 | 47 | | (c) In an action for injury resulting in death arising as a |
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| 48 | 48 | | result of conduct described by Subsection (a) or (b), the cause of |
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| 49 | 49 | | action accrues on the death of the injured person. |
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| 50 | 50 | | (d) A [(c) The] limitations period under this section is |
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| 51 | 51 | | tolled for a suit on the filing of a petition by any person in an |
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| 52 | 52 | | appropriate court alleging that the identity of the defendant in |
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| 53 | 53 | | the suit is unknown and designating the unknown defendant as "John |
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| 54 | 54 | | or Jane Doe." The person filing the petition shall proceed with due |
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| 55 | 55 | | diligence to discover the identity of the defendant and amend the |
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| 56 | 56 | | petition by substituting the real name of the defendant for "John or |
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| 57 | 57 | | Jane Doe" not later than the 30th day after the date that the |
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| 58 | 58 | | defendant is identified to the plaintiff. The limitations period |
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| 59 | 59 | | begins running again on the date that the petition is amended. |
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| 60 | 60 | | SECTION 2. The change in law made by this Act applies only |
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| 61 | 61 | | to a cause of action that accrues on or after the effective date of |
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| 62 | 62 | | this Act. A cause of action that accrued before the effective date |
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| 63 | 63 | | of this Act is governed by the law applicable to the cause of action |
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| 64 | 64 | | immediately before the effective date of this Act, and that law is |
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| 65 | 65 | | continued in effect for that purpose. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2015. |
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