Texas 2015 - 84th Regular

Texas Senate Bill SB144 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R540 CAE-D
2	2	By: Rodríguez S.B. No. 144
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the statute of limitations for a suit for personal
8	8	injury arising from certain offenses constituting sexual abuse of a
9	9	child.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 16.0045, Civil Practice and Remedies
12	12	Code, is amended to read as follows:
13	13	Sec. 16.0045. [FIVE-YEAR] LIMITATIONS PERIOD FOR CLAIMS
14	14	ARISING FROM CERTAIN OFFENSES. (a) A person may [must] bring suit
15	15	for personal injury at any time [not later than five years after the
16	16	day the cause of action accrues] if the injury arises as a result of
17	17	conduct that violates:
18	18	(1) Section 22.011(a)(2) [22.011], Penal Code (sexual
19	19	assault of a child);
20	20	(2) Section 22.021(a)(1)(B) [22.021], Penal Code
21	21	(aggravated sexual assault of a child);
22	22	(3) Section 21.02, Penal Code (continuous sexual abuse
23	23	of young child or children);
24	24	(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
25	25	Section 20A.02(a)(8) involving an activity described by Section
26	26	20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a
27	27	child trafficked in the manner described by Section 20A.02(a)(7)
28	28	[20A.02], Penal Code (certain sexual trafficking of a child
29	29	[persons]); [or]
30	30	(5) Section 43.05(a)(2) [43.05], Penal Code
31	31	(compelling prostitution by a child); or
32	32	(6) Section 21.11, Penal Code (indecency with a
33	33	child).
34	34	(b) A person must bring suit for personal injury not later
35	35	than five years after the day the cause of action accrues if the
36	36	injury arises as a result of conduct that violates:
37	37	(1) Section 22.011(a)(1), Penal Code (sexual
38	38	assault);
39	39	(2) Section 22.021(a)(1)(A), Penal Code (aggravated
40	40	sexual assault);
41	41	(3) Section 20A.02, Penal Code (trafficking of
42	42	persons), other than conduct described by Subsection (a)(4); or
43	43	(4) Section 43.05(a)(1), Penal Code (compelling
44	44	prostitution).
45	45	(c) In an action for injury resulting in death arising as a
46	46	result of conduct described by Subsection (a) or (b), the cause of
47	47	action accrues on the death of the injured person.
48	48	(d) A [(c) The] limitations period under this section is
49	49	tolled for a suit on the filing of a petition by any person in an
50	50	appropriate court alleging that the identity of the defendant in
51	51	the suit is unknown and designating the unknown defendant as "John
52	52	or Jane Doe." The person filing the petition shall proceed with due
53	53	diligence to discover the identity of the defendant and amend the
54	54	petition by substituting the real name of the defendant for "John or
55	55	Jane Doe" not later than the 30th day after the date that the
56	56	defendant is identified to the plaintiff. The limitations period
57	57	begins running again on the date that the petition is amended.
58	58	SECTION 2. (a) The change in law made by this Act applies to
59	59	a cause of action that accrues on or after the effective date of
60	60	this Act or a cause of action that accrued before the effective date
61	61	of this Act, if the limitations period applicable to the cause of
62	62	action immediately before the effective date of this Act has not
63	63	expired before the effective date of this Act.
64	64	(b) A person with a cause of action described by Section
65	65	16.0045(a), Civil Practice and Remedies Code, as amended by this
66	66	Act, that accrued before the effective date of this Act and for
67	67	which the limitations period applicable to the cause of action
68	68	immediately before the effective date of this Act expired before
69	69	that date may file a suit for personal injury in connection with
70	70	that cause of action before September 1, 2017.
71	71	SECTION 3. This Act takes effect September 1, 2015.