89R8906 MZM-D
By: Paxton S.B. No. 1167
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. 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 2. 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 3. 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 4. (a) Except as provided by this section, the
changes in law made by this Act apply to a cause of action that
accrues on or after the effective date of this Act.
(b) Except as provided by this section, the changes in law
made by this Act apply retroactively to a cause of action arising
out of child sexual abuse that occurred before the effective date of
this Act, regardless of any statute of limitations in effect at the
time the cause of action accrued.
(c) The changes in law made by this Act do not affect a
judgment in litigation:
(1) that became final before the effective date of
this Act; and
(2) for which the limitations period applicable to the
cause of action before the effective date of this Act was not
determinative.
SECTION 5. This Act takes effect September 1, 2025.