By: Leach H.B. No. 4601
A BILL TO BE ENTITLED
AN ACT
relating to certain suits for personal injury that arise as a result
of conduct that violates certain Penal Code provisions concerning
sexual offenses against a child but that are filed against certain
persons who did not commit the conduct that violated those Penal
Code provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.0045(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Except as provided by Subsection (a-1), a [A] person
must bring suit for personal injury 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 disabled individual);
(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 2. Section 16.0045, Civil Practice and Remedies
Code, is amended by adding Subsections (a-1), (a-2), and (a-3) to
read as follows:
(a-1) A person must bring suit for personal injury against a
non-perpetrator not later than fifteen years after the day the
cause of action accrues if:
(1) the injury arises as a result of conduct that
violates a Penal Code provision listed in Subsection (a); and
(2) the person against whom the suit is filed had a
safe environment program at the time the injury occurred.
(a-2) For the purposes of Subsection (a-1):
(1) "non-perpetrator" means a person who did not
directly physically assault the claimant or a person who is not the
individual who committed the conduct that violates a provision of
the Penal Code listed in Subsection (a); and
(2) "safe environment program" means a good faith
effort by a person to:
(A) conduct criminal background checks of the
person's employees not less than one time every five years;
(B) require the person's employees to attend not
less than one time every five years an in-person or on-line
educational program related to the sexual abuse of minors and the
reporting of sexual abuse of minors; and
(C) report allegations of sexual abuse of minors
by employees of the person to the Department of Family and
Protective Services or law enforcement as required by law.
(a-3) A claimant who files a suit described by Subsection
(a) against a person described by Subsection (a-1) may not recover
any damages against a non-perpetrator unless the claimant proves
each element of the cause of action by clear and convincing
evidence.
(a-4) Nothing in this Act creates a private cause of action
against a person concerning a safe environment program as set forth
herein.
SECTION 3. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023