87R7823 BRG-D
By: A. Johnson of Harris H.B. No. 2071
A BILL TO BE ENTITLED
AN ACT
relating to elimination of limitations periods for suits for
personal injury arising from certain offenses against a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.003(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Except as provided by Sections 16.010, 16.0031, [and]
16.0045, and 16.0046, a person must bring suit for trespass for
injury to the estate or to the property of another, conversion of
personal property, taking or detaining the personal property of
another, personal injury, forcible entry and detainer, and forcible
detainer not later than two years after the day the cause of action
accrues.
SECTION 2. Section 16.0045(c), Civil Practice and Remedies
Code, is amended to read as follows:
(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.
SECTION 3. Section 16.0045(a), Civil Practice and Remedies
Code, is redesignated as Section 16.0046, Civil Practice and
Remedies Code, and amended to read as follows:
Sec. 16.0046. NO LIMITATIONS PERIOD. [(a)] A person may
[must] bring a suit for personal injury at any time [not later than
30 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), Penal Code (sexual assault
of a child);
(2) Section 22.021(a)(1)(B), Penal Code (aggravated
sexual assault of a child);
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or children);
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
Section 20A.02(a)(8), Penal Code, involving an activity described
by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
with a child trafficked in the manner described by Section
20A.02(a)(7), Penal Code (certain sexual trafficking of a child);
(5) Section 43.05(a)(2), Penal Code (compelling
prostitution by a child); or
(6) Section 21.11, Penal Code (indecency with a
child).
SECTION 4. (a) Except as provided by Subsection (b) of this
section, the changes in law made by this Act apply to a cause of
action that accrues before, on, or after the effective date of this
Act, regardless of whether:
(1) the limitations period applicable to the cause of
action immediately before the effective date of this Act expired
before the effective date of this Act; or
(2) the cause of action was the subject of a claim for
which a limitations period applicable to the cause of action before
the effective date of this Act was determinative.
(b) The changes in law made by this Act do not affect a
judgment in litigation:
(1) that became final before the effective date of
this Act; and
(2) for which the limitations period applicable to the
cause of action before the effective date of this Act was not
determinative.
SECTION 5. This Act takes effect September 1, 2021.