Lowe Bill Ends 30-Year Abuse Suit Deadline For Future Claims Only

The text as introduced · 446 words

89R15434 MZM-F

By: Lowe
H.B. No. 4785

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 or

disabled individual.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Cindy Clemishire

Act.

SECTION 2. 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 3. Section 16.0045(c), Civil Practice and Remedies

Code, is amended to read as follows:

(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.

SECTION 4. Section 16.0045(a), Civil Practice and Remedies

Code, is redesignated as Section 16.0046, Civil Practice and

Remedies Code, and amended to read as follows:

Sec. 16.0046. NO LIMITATIONS PERIOD. [ (a) ] A person may

[ must ] bring a suit for personal injury at any time [ 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);

(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);

(5) Section 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 5. The changes in law made by this Act apply 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 as it existed immediately before

the effective date of this Act, and that law is continued in effect

for that purpose.

SECTION 6. This Act takes effect September 1, 2025.