No time limit on child sexual abuse injury lawsuits

The text as introduced · 645 words

89R4357 MZM-D

By: Johnson
H.B. No. 179

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.

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(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person must bring suit for personal injury 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) , unless the victim is a

child younger than 14 years of age ;

(2) [ (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); or

(3) [ (5) ] Section 43.05(a)(3) [ 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) ].

SECTION 3. Subchapter A, Chapter 16, Civil Practice and

Remedies Code, is amended by adding Section 16.0046 to read as

follows:

Sec. 16.0046. NO LIMITATIONS PERIOD. A person may bring a

suit for personal injury at any time 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), if the victim is a child

younger than 14 years of age;

(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), if the victim is

a child, 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).

SECTION 4. (a) Except as provided by Subsection (b) of this

section, the changes in law made by this Act apply to a cause of

action that accrues before, on, or after the effective date of this

Act, regardless of whether:

(1) the limitations period applicable to the cause of

action immediately before the effective date of this Act expired

before the effective date of this Act; or

(2) the cause of action was the subject of a claim for

which a limitations period applicable to the cause of action before

the effective date of this Act was determinative.

(b) 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 September 1, 2025.