Bill Text: TX SB113 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the statute of limitations for a suit for personal injury arising from certain offenses constituting sexual abuse of a child.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-01-27 - Referred to State Affairs [SB113 Detail]

Download: Texas-2015-SB113-Introduced.html

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84R943 CAE-D
By: Taylor, Van S.B. No. 113

A BILL TO BE ENTITLED
AN ACT
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. [FIVE-YEAR] LIMITATIONS PERIOD FOR CLAIMS
ARISING FROM CERTAIN OFFENSES. (a) A person may [must] bring suit
for personal injury at any time [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)(2) [22.011], Penal Code (sexual
assault of a child);
(2) Section 22.021(a)(1)(B) [22.021], 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) 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)
[20A.02], Penal Code (certain sexual trafficking of a child
[persons]); [or]
(5) Section 43.05(a)(2) [43.05], Penal Code
(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 [(c) The] limitations period under this section is
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.