Texas 2025 - 89th Regular

Texas Senate Bill SB2079 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15122 MZM-F
2	2	By: Bettencourt S.B. No. 2079
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain actions for personal injury that arise out of a
10	10	sexual offense against a child or disabled individual and are
11	11	brought against a non-perpetrator of the offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 16.0045(a), Civil Practice and Remedies
14	14	Code, is amended to read as follows:
15	15	(a) Except as provided by Section 81B.004, a [A] person must
16	16	bring suit for personal injury not later than 35 [30] years after
17	17	the day the cause of action accrues if the injury arises as a result
18	18	of conduct that violates:
19	19	(1) Section 22.011(a)(2), Penal Code (sexual assault
20	20	of a child);
21	21	(2) Section 22.021(a)(1)(B), Penal Code (aggravated
22	22	sexual assault of a child);
23	23	(3) Section 21.02, Penal Code (continuous sexual abuse
24	24	of young child or disabled individual);
25	25	(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
26	26	Section 20A.02(a)(8), Penal Code, involving an activity described
27	27	by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
28	28	with a child or disabled individual trafficked in the manner
29	29	described by Section 20A.02(a)(7), Penal Code (certain sexual
30	30	trafficking);
31	31	(5) Section 43.05(a)(2) or (3), Penal Code (compelling
32	32	prostitution by a child or disabled individual); or
33	33	(6) Section 21.11, Penal Code (indecency with a
34	34	child).
35	35	SECTION 2. Title 4, Civil Practice and Remedies Code, is
36	36	amended by adding Chapter 81B to read as follows:
37	37	CHAPTER 81B. SEXUAL ABUSE ACTIONS AGAINST CERTAIN NON-PERPETRATORS
38	38	Sec. 81B.001. DEFINITION. In this chapter, "safe
39	39	environment program" means a program implemented by a business or
40	40	organization under which the business or organization makes a good
41	41	faith effort to:
42	42	(1) conduct criminal background checks of employees at
43	43	least once every five years;
44	44	(2) require employees to attend an educational program
45	45	related to sexual abuse of minors and disabled individuals and the
46	46	reporting of sexual abuse of minors and disabled individuals at
47	47	least once every five years; and
48	48	(3) report allegations of sexual abuse of minors or
49	49	disabled individuals by employees to the Department of Family and
50	50	Protective Services or law enforcement, as required by law.
51	51	Sec. 81B.002. APPLICABILITY OF CHAPTER. This chapter
52	52	applies to an action:
53	53	(1) to recover damages for a personal injury that
54	54	arises as a result of conduct that:
55	55	(A) constitutes an offense described by Section
56	56	16.0045(a); and
57	57	(B) occurred while the injured person was under
58	58	the care of a business or organization that was operating a safe
59	59	environment program; and
60	60	(2) brought against a person who:
61	61	(A) was an owner, operator, or employee of the
62	62	business or organization at the time of the offense; and
63	63	(B) was not the perpetrator of the offense.
64	64	Sec. 81B.003. STANDARD OF PROOF. The claimant in an action
65	65	described by Section 81B.002 may not recover damages in the action
66	66	unless the claimant proves the elements of the cause of action by
67	67	clear and convincing evidence.
68	68	Sec. 81B.004. LIMITATIONS PERIOD. A person must bring an
69	69	action described by Section 81B.002 not later than 30 years after
70	70	the day the cause of action accrues.
71	71	Sec. 81B.005. LIABILITY LIMITS. In an action described by
72	72	Section 81B.002, the liability of the defendant is limited to money
73	73	damages in a maximum amount of:
74	74	(1) $250,000 for each single occurrence; and
75	75	(2) $1 million per claimant.
76	76	Sec. 81B.006. IMMUNITY WAIVED. (a) Notwithstanding any
77	77	other law and except as provided by Subsection (b), a person's
78	78	sovereign or governmental immunity, as applicable, to suit and from
79	79	liability is waived to the extent of the liability limits described
80	80	by Section 81B.005.
81	81	(b) This chapter does not waive sovereign immunity to suit
82	82	and from liability under the Eleventh Amendment to the United
83	83	States Constitution.
84	84	Sec. 81B.007. CONSTRUCTION OF CHAPTER. Nothing in this
85	85	chapter creates a cause of action against a person concerning a safe
86	86	environment program.
87	87	SECTION 3. The changes in law made by this Act apply only to
88	88	a cause of action that accrues on or after the effective date of
89	89	this Act. A cause of action that accrued before the effective date
90	90	of this Act is governed by the law applicable to the cause of action
91	91	immediately before the effective date of this Act, and that law is
92	92	continued in effect for that purpose.
93	93	SECTION 4. This Act takes effect September 1, 2025.