84R11290 LED-F
By: Raymond H.B. No. 3079
A BILL TO BE ENTITLED
AN ACT
relating to applicability of a statute of limitations to an action
based on a right or remedy provided by the Texas Constitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.051, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 16.051. RESIDUAL LIMITATIONS PERIOD. (a) Every action
for which there is no express limitations period, except an action
for the recovery of real property, must be brought not later than
four years after the day the cause of action accrues.
(b) The residual limitations period provided by Subsection
(a) does not apply to an action to enforce a right or remedy
provided by the constitution of this state, which is superior to all
state statutes, including a statute of limitations.
SECTION 2. The amendment by this Act of Section 16.051,
Civil Practice and Remedies Code, is intended to clarify rather
than change existing law. An action to enforce a right or remedy
provided by the constitution of this state is not time barred
regardless of when the cause of action accrued and may be brought on
or after the effective date of this Act notwithstanding any
application of a statute of limitations to an action filed before
the effective date of this Act asserting the same cause of action.
SECTION 3. This Act takes effect September 1, 2015.