89R15797 MZM-D
By: Paxton S.B. No. 2905
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 against any party alleged to
have caused the 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);
(7) Section 21.12, Penal Code (improper relationship
between educator and student);
(8) Section 33.021, Penal Code (online solicitation of
a minor);
(9) Section 38.17, Penal Code (failure to stop or
report aggravated sexual assault of child);
(10) Section 43.25, Penal Code (sexual performance by
a child);
(11) Section 43.26, Penal Code (possession or
promotion of child pornography);
(12) Section 43.261, Penal Code (electronic
transmission of certain visual material depicting minor); or
(13) Section 43.262, Penal Code (possession or
promotion of lewd visual material depicting 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, a person may bring
an action described by Section 16.0046, Civil Practice and Remedies
Code, as redesignated and amended by this Act, that accrued before
the effective date of this Act not later than the second anniversary
of the effective date of this Act.
(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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.