Bill Text: TX SB113 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the statute of limitations for a suit for personal injury arising from certain offenses constituting sexual abuse of a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-27 - Referred to State Affairs [SB113 Detail]
Download: Texas-2015-SB113-Introduced.html
84R943 CAE-D | ||
By: Taylor, Van | S.B. No. 113 |
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relating to the statute of limitations for a suit for personal | ||
injury arising from certain offenses constituting sexual abuse of a | ||
child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 16.0045, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 16.0045. [ |
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ARISING FROM CERTAIN OFFENSES. (a) A person may [ |
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for personal injury at any time [ |
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conduct that violates: | ||
(1) Section 22.011(a)(2) [ |
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assault of a child); | ||
(2) Section 22.021(a)(1)(B) [ |
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(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) 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) | ||
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(5) Section 43.05(a)(2) [ |
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(compelling prostitution by a child); or | ||
(6) Section 21.11, Penal Code (indecency with a | ||
child). | ||
(b) A person must bring suit for personal injury not later | ||
than five 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)(1), Penal Code (sexual | ||
assault); | ||
(2) Section 22.021(a)(1)(A), Penal Code (aggravated | ||
sexual assault); | ||
(3) Section 20A.02, Penal Code (trafficking of | ||
persons), other than conduct described by Subsection (a)(4); or | ||
(4) Section 43.05(a)(1), Penal Code (compelling | ||
prostitution). | ||
(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. | ||
(d) A [ |
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tolled for a suit on the filing of a petition by any person in an | ||
appropriate court alleging that the identity of the defendant in | ||
the suit is unknown and designating the unknown defendant as "John | ||
or Jane Doe." The person filing the petition shall proceed with due | ||
diligence to discover the identity of the defendant and amend the | ||
petition by substituting the real name of the defendant for "John or | ||
Jane Doe" not later than the 30th day after the date that the | ||
defendant is identified to the plaintiff. The limitations period | ||
begins running again on the date that the petition is amended. | ||
SECTION 2. The change in law made 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 accrued before the effective date | ||
of this Act is governed by the law applicable to the cause of action | ||
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, 2015. |