| 1 | 1 | | 89R15797 MZM-D |
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| 2 | 2 | | By: Paxton S.B. No. 2905 |
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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. Section 16.003(a), Civil Practice and Remedies |
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| 14 | 14 | | Code, is amended to read as follows: |
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| 15 | 15 | | (a) Except as provided by Sections 16.010, 16.0031, [and] |
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| 16 | 16 | | 16.0045, and 16.0046, a person must bring suit for trespass for |
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| 17 | 17 | | injury to the estate or to the property of another, conversion of |
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| 18 | 18 | | personal property, taking or detaining the personal property of |
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| 19 | 19 | | another, personal injury, forcible entry and detainer, and forcible |
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| 20 | 20 | | detainer not later than two years after the day the cause of action |
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| 21 | 21 | | accrues. |
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| 22 | 22 | | SECTION 2. Section 16.0045(c), Civil Practice and Remedies |
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| 23 | 23 | | Code, is amended to read as follows: |
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| 24 | 24 | | (c) In an action for injury resulting in death arising as a |
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| 25 | 25 | | result of conduct described by Subsection [(a) or] (b), the cause of |
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| 26 | 26 | | action accrues on the death of the injured person. |
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| 27 | 27 | | SECTION 3. Section 16.0045(a), Civil Practice and Remedies |
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| 28 | 28 | | Code, is redesignated as Section 16.0046, Civil Practice and |
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| 29 | 29 | | Remedies Code, and amended to read as follows: |
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| 30 | 30 | | Sec. 16.0046. NO LIMITATIONS PERIOD. [(a)] A person may |
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| 31 | 31 | | [must] bring a suit for personal injury against any party alleged to |
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| 32 | 32 | | have caused the injury at any time [not later than 30 years after |
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| 33 | 33 | | the day the cause of action accrues] if the injury arises as a |
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| 34 | 34 | | result of conduct that violates: |
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| 35 | 35 | | (1) Section 22.011(a)(2), Penal Code (sexual assault |
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| 36 | 36 | | of a child); |
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| 37 | 37 | | (2) Section 22.021(a)(1)(B), Penal Code (aggravated |
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| 38 | 38 | | sexual assault of a child); |
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| 39 | 39 | | (3) Section 21.02, Penal Code (continuous sexual abuse |
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| 40 | 40 | | of young child or disabled individual); |
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| 41 | 41 | | (4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
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| 42 | 42 | | Section 20A.02(a)(8), Penal Code, involving an activity described |
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| 43 | 43 | | by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
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| 44 | 44 | | with a child or disabled individual trafficked in the manner |
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| 45 | 45 | | described by Section 20A.02(a)(7), Penal Code (certain sexual |
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| 46 | 46 | | trafficking); |
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| 47 | 47 | | (5) Section 43.05(a)(2) or (3), Penal Code (compelling |
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| 48 | 48 | | prostitution by a child or disabled individual); [or] |
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| 49 | 49 | | (6) Section 21.11, Penal Code (indecency with a |
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| 50 | 50 | | child); |
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| 51 | 51 | | (7) Section 21.12, Penal Code (improper relationship |
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| 52 | 52 | | between educator and student); |
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| 53 | 53 | | (8) Section 33.021, Penal Code (online solicitation of |
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| 54 | 54 | | a minor); |
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| 55 | 55 | | (9) Section 38.17, Penal Code (failure to stop or |
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| 56 | 56 | | report aggravated sexual assault of child); |
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| 57 | 57 | | (10) Section 43.25, Penal Code (sexual performance by |
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| 58 | 58 | | a child); |
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| 59 | 59 | | (11) Section 43.26, Penal Code (possession or |
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| 60 | 60 | | promotion of child pornography); |
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| 61 | 61 | | (12) Section 43.261, Penal Code (electronic |
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| 62 | 62 | | transmission of certain visual material depicting minor); or |
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| 63 | 63 | | (13) Section 43.262, Penal Code (possession or |
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| 64 | 64 | | promotion of lewd visual material depicting child). |
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| 65 | 65 | | SECTION 4. (a) Except as provided by this section, the |
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| 66 | 66 | | changes in law made by this Act apply to a cause of action that |
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| 67 | 67 | | accrues on or after the effective date of this Act. |
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| 68 | 68 | | (b) Except as provided by this section, a person may bring |
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| 69 | 69 | | an action described by Section 16.0046, Civil Practice and Remedies |
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| 70 | 70 | | Code, as redesignated and amended by this Act, that accrued before |
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| 71 | 71 | | the effective date of this Act not later than the second anniversary |
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| 72 | 72 | | of the effective date of this Act. |
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| 73 | 73 | | (c) The changes in law made by this Act do not affect a |
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| 74 | 74 | | judgment in litigation: |
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| 75 | 75 | | (1) that became final before the effective date of |
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| 76 | 76 | | this Act; and |
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| 77 | 77 | | (2) for which the limitations period applicable to the |
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| 78 | 78 | | cause of action before the effective date of this Act was not |
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| 79 | 79 | | determinative. |
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| 80 | 80 | | SECTION 5. This Act takes effect immediately if it receives |
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| 81 | 81 | | a vote of two-thirds of all the members elected to each house, as |
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| 82 | 82 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 83 | 83 | | Act does not receive the vote necessary for immediate effect, this |
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| 84 | 84 | | Act takes effect September 1, 2025. |
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