Bill Text: TX HB3809 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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By: Goldman, Meyer, et al. H.B. No. 3809

A BILL TO BE ENTITLED
AN ACT
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 [A] person
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 an
individual or individuals
who committed the conduct.
(c) In an action described by this section 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. 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.