Texas 2021 - 87th Regular

Texas House Bill HB2071 Compare Versions

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

Old	New	Differences
1	1	87R7823 BRG-D
2	2	By: A. Johnson of Harris H.B. No. 2071
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to elimination of limitations periods for suits for
8	8	personal injury arising from certain offenses against a child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 16.003(a), Civil Practice and Remedies
11	11	Code, is amended to read as follows:
12	12	(a) Except as provided by Sections 16.010, 16.0031, [and]
13	13	16.0045, and 16.0046, a person must bring suit for trespass for
14	14	injury to the estate or to the property of another, conversion of
15	15	personal property, taking or detaining the personal property of
16	16	another, personal injury, forcible entry and detainer, and forcible
17	17	detainer not later than two years after the day the cause of action
18	18	accrues.
19	19	SECTION 2. Section 16.0045(c), Civil Practice and Remedies
20	20	Code, is amended to read as follows:
21	21	(c) In an action for injury resulting in death arising as a
22	22	result of conduct described by Subsection [(a) or] (b), the cause of
23	23	action accrues on the death of the injured person.
24	24	SECTION 3. Section 16.0045(a), Civil Practice and Remedies
25	25	Code, is redesignated as Section 16.0046, Civil Practice and
26	26	Remedies Code, and amended to read as follows:
27	27	Sec. 16.0046. NO LIMITATIONS PERIOD. [(a)] A person may
28	28	[must] bring a suit for personal injury at any time [not later than
29	29	30 years after the day the cause of action accrues] if the injury
30	30	arises as a result of conduct that violates:
31	31	(1) Section 22.011(a)(2), Penal Code (sexual assault
32	32	of a child);
33	33	(2) Section 22.021(a)(1)(B), Penal Code (aggravated
34	34	sexual assault of a child);
35	35	(3) Section 21.02, Penal Code (continuous sexual abuse
36	36	of young child or children);
37	37	(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
38	38	Section 20A.02(a)(8), Penal Code, involving an activity described
39	39	by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
40	40	with a child trafficked in the manner described by Section
41	41	20A.02(a)(7), Penal Code (certain sexual trafficking of a child);
42	42	(5) Section 43.05(a)(2), Penal Code (compelling
43	43	prostitution by a child); or
44	44	(6) Section 21.11, Penal Code (indecency with a
45	45	child).
46	46	SECTION 4. (a) Except as provided by Subsection (b) of this
47	47	section, the changes in law made by this Act apply to a cause of
48	48	action that accrues before, on, or after the effective date of this
49	49	Act, regardless of whether:
50	50	(1) the limitations period applicable to the cause of
51	51	action immediately before the effective date of this Act expired
52	52	before the effective date of this Act; or
53	53	(2) the cause of action was the subject of a claim for
54	54	which a limitations period applicable to the cause of action before
55	55	the effective date of this Act was determinative.
56	56	(b) The changes in law made by this Act do not affect a
57	57	judgment in litigation:
58	58	(1) that became final before the effective date of
59	59	this Act; and
60	60	(2) for which the limitations period applicable to the
61	61	cause of action before the effective date of this Act was not
62	62	determinative.
63	63	SECTION 5. This Act takes effect September 1, 2021.