Bill Text: TX HB3809 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the limitations period for personal injury claims that arise from certain offenses involving child sexual abuse.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3809 Detail]
Download: Texas-2019-HB3809-Comm_Sub.html
Bill Title: Relating to the limitations period for personal injury claims that arise from certain offenses involving child sexual abuse.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3809 Detail]
Download: Texas-2019-HB3809-Comm_Sub.html
86R27201 BRG-D | |||
By: Goldman, Meyer, et al. | H.B. No. 3809 | ||
Substitute the following for H.B. No. 3809: | |||
By: Krause | C.S.H.B. No. 3809 |
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relating to the accrual of and limitations periods for personal | ||
injury claims that arise from certain offenses involving child | ||
sexual abuse. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 16.0045, Civil Practice and Remedies | ||
Code, is amended by amending Subsections (a) and (c) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) Except as provided by Subsection (a-1), a [ |
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must bring suit for personal injury not later than 15 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 children); | ||
(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 trafficked in the manner described by Section | ||
20A.02(a)(7), Penal Code (certain sexual trafficking of a child); | ||
(5) Section 43.05(a)(2), Penal Code (compelling | ||
prostitution by a child); or | ||
(6) Section 21.11, Penal Code (indecency with a | ||
child). | ||
(a-1) A person may bring suit for personal injury not later | ||
than 30 years after the day the cause of action accrues if: | ||
(1) the injury arises as a result of conduct that | ||
violates a section of the Penal Code listed in Subsection (a); and | ||
(2) the person brings the suit solely against a person | ||
or persons who committed the conduct. | ||
(c) In an action described by this section for injury | ||
resulting in death [ |
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the injured person. In an action described by this section for | ||
injury not resulting in death, the cause of action accrues on the | ||
last day that the conduct that violates a section of the Penal Code | ||
listed in Subsection (a) or (b) occurs. | ||
SECTION 2. (a) Section 16.0045(a-1), Civil Practice and | ||
Remedies Code, as added by this Act, applies to a cause of action | ||
that accrues on or after the effective date of this Act or a cause of | ||
action that accrued before the effective date of this Act, if the | ||
limitations period applicable to the cause of action immediately | ||
before the effective date of this Act has not expired before the | ||
effective date of this Act. | ||
(b) Section 16.0045(c), Civil Practice and Remedies Code, | ||
as amended by this Act, applies only to a cause of action that | ||
accrues on or after the effective date of this Act. A cause of | ||
action that accrues 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 3. This Act takes effect September 1, 2019. |