| 1 | 1 | | 89R15434 MZM-F |
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| 2 | 2 | | By: Lowe H.B. No. 4785 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to elimination of limitations periods for suits for |
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| 10 | 10 | | personal injury arising from certain offenses against a child or |
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| 11 | 11 | | disabled individual. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. This Act may be cited as the Cindy Clemishire |
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| 14 | 14 | | Act. |
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| 15 | 15 | | SECTION 2. Section 16.003(a), Civil Practice and Remedies |
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| 16 | 16 | | Code, is amended to read as follows: |
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| 17 | 17 | | (a) Except as provided by Sections 16.010, 16.0031, [and] |
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| 18 | 18 | | 16.0045, and 16.0046, a person must bring suit for trespass for |
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| 19 | 19 | | injury to the estate or to the property of another, conversion of |
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| 20 | 20 | | personal property, taking or detaining the personal property of |
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| 21 | 21 | | another, personal injury, forcible entry and detainer, and forcible |
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| 22 | 22 | | detainer not later than two years after the day the cause of action |
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| 23 | 23 | | accrues. |
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| 24 | 24 | | SECTION 3. Section 16.0045(c), Civil Practice and Remedies |
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| 25 | 25 | | Code, is amended to read as follows: |
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| 26 | 26 | | (c) In an action for injury resulting in death arising as a |
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| 27 | 27 | | result of conduct described by Subsection [(a) or] (b), the cause of |
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| 28 | 28 | | action accrues on the death of the injured person. |
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| 29 | 29 | | SECTION 4. Section 16.0045(a), Civil Practice and Remedies |
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| 30 | 30 | | Code, is redesignated as Section 16.0046, Civil Practice and |
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| 31 | 31 | | Remedies Code, and amended to read as follows: |
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| 32 | 32 | | Sec. 16.0046. NO LIMITATIONS PERIOD. [(a)] A person may |
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| 33 | 33 | | [must] bring a suit for personal injury at any time [not later than |
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| 34 | 34 | | 30 years after the day the cause of action accrues] if the injury |
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| 35 | 35 | | arises as a result of conduct that violates: |
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| 36 | 36 | | (1) Section 22.011(a)(2), Penal Code (sexual assault |
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| 37 | 37 | | of a child); |
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| 38 | 38 | | (2) Section 22.021(a)(1)(B), Penal Code (aggravated |
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| 39 | 39 | | sexual assault of a child); |
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| 40 | 40 | | (3) Section 21.02, Penal Code (continuous sexual abuse |
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| 41 | 41 | | of young child or disabled individual); |
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| 42 | 42 | | (4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
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| 43 | 43 | | Section 20A.02(a)(8), Penal Code, involving an activity described |
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| 44 | 44 | | by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
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| 45 | 45 | | with a child or disabled individual trafficked in the manner |
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| 46 | 46 | | described by Section 20A.02(a)(7), Penal Code (certain sexual |
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| 47 | 47 | | trafficking); |
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| 48 | 48 | | (5) Section 43.05(a)(2) or (3), Penal Code (compelling |
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| 49 | 49 | | prostitution by a child or disabled individual); or |
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| 50 | 50 | | (6) Section 21.11, Penal Code (indecency with a |
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| 51 | 51 | | child). |
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| 52 | 52 | | SECTION 5. The changes in law made by this Act apply only to |
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| 53 | 53 | | a cause of action that accrues on or after the effective date of |
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| 54 | 54 | | this Act. A cause of action that accrued before the effective date |
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| 55 | 55 | | of this Act is governed by the law as it existed immediately before |
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| 56 | 56 | | the effective date of this Act, and that law is continued in effect |
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| 57 | 57 | | for that purpose. |
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| 58 | 58 | | SECTION 6. This Act takes effect September 1, 2025. |
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