1 | 1 | | 89R8906 MZM-D |
---|
2 | 2 | | By: Meyer H.B. No. 2022 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to elimination of limitations periods for suits for |
---|
10 | 10 | | personal injury arising from certain offenses against a child or |
---|
11 | 11 | | disabled individual. |
---|
12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | SECTION 1. Section 16.003(a), Civil Practice and Remedies |
---|
14 | 14 | | Code, is amended to read as follows: |
---|
15 | 15 | | (a) Except as provided by Sections 16.010, 16.0031, [and] |
---|
16 | 16 | | 16.0045, and 16.0046, a person must bring suit for trespass for |
---|
17 | 17 | | injury to the estate or to the property of another, conversion of |
---|
18 | 18 | | personal property, taking or detaining the personal property of |
---|
19 | 19 | | another, personal injury, forcible entry and detainer, and forcible |
---|
20 | 20 | | detainer not later than two years after the day the cause of action |
---|
21 | 21 | | accrues. |
---|
22 | 22 | | SECTION 2. Section 16.0045(c), Civil Practice and Remedies |
---|
23 | 23 | | Code, is amended to read as follows: |
---|
24 | 24 | | (c) In an action for injury resulting in death arising as a |
---|
25 | 25 | | result of conduct described by Subsection [(a) or] (b), the cause of |
---|
26 | 26 | | action accrues on the death of the injured person. |
---|
27 | 27 | | SECTION 3. Section 16.0045(a), Civil Practice and Remedies |
---|
28 | 28 | | Code, is redesignated as Section 16.0046, Civil Practice and |
---|
29 | 29 | | Remedies Code, and amended to read as follows: |
---|
30 | 30 | | Sec. 16.0046. NO LIMITATIONS PERIOD. [(a)] A person may |
---|
31 | 31 | | [must] bring a suit for personal injury at any time [not later than |
---|
32 | 32 | | 30 years after the day the cause of action accrues] if the injury |
---|
33 | 33 | | arises as a result of conduct that violates: |
---|
34 | 34 | | (1) Section 22.011(a)(2), Penal Code (sexual assault |
---|
35 | 35 | | of a child); |
---|
36 | 36 | | (2) Section 22.021(a)(1)(B), Penal Code (aggravated |
---|
37 | 37 | | sexual assault of a child); |
---|
38 | 38 | | (3) Section 21.02, Penal Code (continuous sexual abuse |
---|
39 | 39 | | of young child or disabled individual); |
---|
40 | 40 | | (4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
---|
41 | 41 | | Section 20A.02(a)(8), Penal Code, involving an activity described |
---|
42 | 42 | | by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
---|
43 | 43 | | with a child or disabled individual trafficked in the manner |
---|
44 | 44 | | described by Section 20A.02(a)(7), Penal Code (certain sexual |
---|
45 | 45 | | trafficking); |
---|
46 | 46 | | (5) Section 43.05(a)(2) or (3), Penal Code (compelling |
---|
47 | 47 | | prostitution by a child or disabled individual); or |
---|
48 | 48 | | (6) Section 21.11, Penal Code (indecency with a |
---|
49 | 49 | | child). |
---|
50 | 50 | | SECTION 4. (a) Except as provided by this section, the |
---|
51 | 51 | | changes in law made by this Act apply to a cause of action that |
---|
52 | 52 | | accrues on or after the effective date of this Act. |
---|
53 | 53 | | (b) Except as provided by this section, the changes in law |
---|
54 | 54 | | made by this Act apply retroactively to a cause of action arising |
---|
55 | 55 | | out of child sexual abuse that occurred before the effective date of |
---|
56 | 56 | | this Act, regardless of any statute of limitations in effect at the |
---|
57 | 57 | | time the cause of action accrued. |
---|
58 | 58 | | (c) The changes in law made by this Act do not affect a |
---|
59 | 59 | | judgment in litigation: |
---|
60 | 60 | | (1) that became final before the effective date of |
---|
61 | 61 | | this Act; and |
---|
62 | 62 | | (2) for which the limitations period applicable to the |
---|
63 | 63 | | cause of action before the effective date of this Act was not |
---|
64 | 64 | | determinative. |
---|
65 | 65 | | SECTION 5. This Act takes effect September 1, 2025. |
---|