Hayes Bill Caps Damages At $250K For ‘Safe Environment’ Groups

The text as introduced · 713 words

89R15122 MZM-F

By: Hayes
H.B. No. 5074

A BILL TO BE ENTITLED

AN ACT

relating to certain actions for personal injury that arise out of a

sexual offense against a child or disabled individual and are

brought against a non-perpetrator of the offense.

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

SECTION 1. Section 16.0045(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) Except as provided by Section 81B.004, a [ A ] person must

bring suit for personal injury not later than 35 [ 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 2. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 81B to read as follows:

CHAPTER 81B. SEXUAL ABUSE ACTIONS AGAINST CERTAIN NON-PERPETRATORS

Sec. 81B.001. DEFINITION. In this chapter, "safe

environment program" means a program implemented by a business or

organization under which the business or organization makes a good

faith effort to:

(1) conduct criminal background checks of employees at

least once every five years;

(2) require employees to attend an educational program

related to sexual abuse of minors and disabled individuals and the

reporting of sexual abuse of minors and disabled individuals at

least once every five years; and

(3) report allegations of sexual abuse of minors or

disabled individuals by employees to the Department of Family and

Protective Services or law enforcement, as required by law.

Sec. 81B.002. APPLICABILITY OF CHAPTER. This chapter

applies to an action:

(1) to recover damages for a personal injury that

arises as a result of conduct that:

(A) constitutes an offense described by Section

16.0045(a); and

(B) occurred while the injured person was under

the care of a business or organization that was operating a safe

environment program; and

(2) brought against a person who:

(A) was an owner, operator, or employee of the

business or organization at the time of the offense; and

(B) was not the perpetrator of the offense.

Sec. 81B.003. STANDARD OF PROOF. The claimant in an action

described by Section 81B.002 may not recover damages in the action

unless the claimant proves the elements of the cause of action by

clear and convincing evidence.

Sec. 81B.004. LIMITATIONS PERIOD. A person must bring an

action described by Section 81B.002 not later than 30 years after

the day the cause of action accrues.

Sec. 81B.005. LIABILITY LIMITS. In an action described by

Section 81B.002, the liability of the defendant is limited to money

damages in a maximum amount of:

(1) $250,000 for each single occurrence; and

(2) $1 million per claimant.

Sec. 81B.006. IMMUNITY WAIVED. (a) Notwithstanding any

other law and except as provided by Subsection (b), a person's

sovereign or governmental immunity, as applicable, to suit and from

liability is waived to the extent of the liability limits described

by Section 81B.005.

(b) This chapter does not waive sovereign immunity to suit

and from liability under the Eleventh Amendment to the United

States Constitution.

Sec. 81B.007. CONSTRUCTION OF CHAPTER. Nothing in this

chapter creates a cause of action against a person concerning a safe

environment program.

SECTION 3. 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 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 4. This Act takes effect September 1, 2025.