| 1 | 1 | | By: Leach H.B. No. 4601 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to certain suits for personal injury that arise as a result |
|---|
| 7 | 7 | | of conduct that violates certain Penal Code provisions concerning |
|---|
| 8 | 8 | | sexual offenses against a child but that are filed against certain |
|---|
| 9 | 9 | | persons who did not commit the conduct that violated those Penal |
|---|
| 10 | 10 | | Code provisions. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 16.0045(a), Civil Practice and Remedies |
|---|
| 13 | 13 | | Code, is amended to read as follows: |
|---|
| 14 | 14 | | (a) Except as provided by Subsection (a-1), a [A] person |
|---|
| 15 | 15 | | must bring suit for personal injury not later than 30 years after |
|---|
| 16 | 16 | | the day the cause of action accrues if the injury arises as a result |
|---|
| 17 | 17 | | of conduct that violates: |
|---|
| 18 | 18 | | (1) Section 22.011(a)(2), Penal Code (sexual assault |
|---|
| 19 | 19 | | of a child); |
|---|
| 20 | 20 | | (2) Section 22.021(a)(1)(B), Penal Code (aggravated |
|---|
| 21 | 21 | | sexual assault of a child); |
|---|
| 22 | 22 | | (3) Section 21.02, Penal Code (continuous sexual abuse |
|---|
| 23 | 23 | | of young child or disabled individual); |
|---|
| 24 | 24 | | (4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
|---|
| 25 | 25 | | Section 20A.02(a)(8), Penal Code, involving an activity described |
|---|
| 26 | 26 | | by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
|---|
| 27 | 27 | | with a child trafficked in the manner described by Section |
|---|
| 28 | 28 | | 20A.02(a)(7), Penal Code (certain sexual trafficking of a child); |
|---|
| 29 | 29 | | (5) Section 43.05(a)(2), Penal Code (compelling |
|---|
| 30 | 30 | | prostitution by a child); or |
|---|
| 31 | 31 | | (6) Section 21.11, Penal Code (indecency with a |
|---|
| 32 | 32 | | child). |
|---|
| 33 | 33 | | SECTION 2. Section 16.0045, Civil Practice and Remedies |
|---|
| 34 | 34 | | Code, is amended by adding Subsections (a-1), (a-2), and (a-3) to |
|---|
| 35 | 35 | | read as follows: |
|---|
| 36 | 36 | | (a-1) A person must bring suit for personal injury against a |
|---|
| 37 | 37 | | non-perpetrator not later than fifteen years after the day the |
|---|
| 38 | 38 | | cause of action accrues if: |
|---|
| 39 | 39 | | (1) the injury arises as a result of conduct that |
|---|
| 40 | 40 | | violates a Penal Code provision listed in Subsection (a); and |
|---|
| 41 | 41 | | (2) the person against whom the suit is filed had a |
|---|
| 42 | 42 | | safe environment program at the time the injury occurred. |
|---|
| 43 | 43 | | (a-2) For the purposes of Subsection (a-1): |
|---|
| 44 | 44 | | (1) "non-perpetrator" means a person who did not |
|---|
| 45 | 45 | | directly physically assault the claimant or a person who is not the |
|---|
| 46 | 46 | | individual who committed the conduct that violates a provision of |
|---|
| 47 | 47 | | the Penal Code listed in Subsection (a); and |
|---|
| 48 | 48 | | (2) "safe environment program" means a good faith |
|---|
| 49 | 49 | | effort by a person to: |
|---|
| 50 | 50 | | (A) conduct criminal background checks of the |
|---|
| 51 | 51 | | person's employees not less than one time every five years; |
|---|
| 52 | 52 | | (B) require the person's employees to attend not |
|---|
| 53 | 53 | | less than one time every five years an in-person or on-line |
|---|
| 54 | 54 | | educational program related to the sexual abuse of minors and the |
|---|
| 55 | 55 | | reporting of sexual abuse of minors; and |
|---|
| 56 | 56 | | (C) report allegations of sexual abuse of minors |
|---|
| 57 | 57 | | by employees of the person to the Department of Family and |
|---|
| 58 | 58 | | Protective Services or law enforcement as required by law. |
|---|
| 59 | 59 | | (a-3) A claimant who files a suit described by Subsection |
|---|
| 60 | 60 | | (a) against a person described by Subsection (a-1) may not recover |
|---|
| 61 | 61 | | any damages against a non-perpetrator unless the claimant proves |
|---|
| 62 | 62 | | each element of the cause of action by clear and convincing |
|---|
| 63 | 63 | | evidence. |
|---|
| 64 | 64 | | (a-4) Nothing in this Act creates a private cause of action |
|---|
| 65 | 65 | | against a person concerning a safe environment program as set forth |
|---|
| 66 | 66 | | herein. |
|---|
| 67 | 67 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 68 | 68 | | a cause of action that accrues on or after the effective date of |
|---|
| 69 | 69 | | this Act. A cause of action that accrues before the effective date |
|---|
| 70 | 70 | | of this Act is governed by the law applicable to the cause of action |
|---|
| 71 | 71 | | immediately before the effective date of this Act, and that law is |
|---|
| 72 | 72 | | continued in effect for that purpose. |
|---|
| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2023 |
|---|