89R15434 MZM-F
By: Lowe H.B. No. 4785
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 or
disabled individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Cindy Clemishire
Act.
SECTION 2. 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 3. 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 4. 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 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 or disabled individual trafficked in the manner
described by Section 20A.02(a)(7), Penal Code (certain sexual
trafficking);
(5) Section 43.05(a)(2) or (3), Penal Code (compelling
prostitution by a child or disabled individual); or
(6) Section 21.11, Penal Code (indecency with a
child).
SECTION 5. 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 accrued before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2025.