Paxton Bill Drops Suit Deadline, Gives Old Claims Two Years

The text as introduced · 641 words

89R15797 MZM-D

By: Paxton
S.B. No. 2905

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. 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(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 3. 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 against any party alleged to

have caused the 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) ;

(7) Section 21.12, Penal Code (improper relationship

between educator and student);

(8) Section 33.021, Penal Code (online solicitation of

a minor);

(9) Section 38.17, Penal Code (failure to stop or

report aggravated sexual assault of child);

(10) Section 43.25, Penal Code (sexual performance by

a child);

(11) Section 43.26, Penal Code (possession or

promotion of child pornography);

(12) Section 43.261, Penal Code (electronic

transmission of certain visual material depicting minor); or

(13) Section 43.262, Penal Code (possession or

promotion of lewd visual material depicting child) .

SECTION 4. (a) Except as provided by this section, the

changes in law made by this Act apply to a cause of action that

accrues on or after the effective date of this Act.

(b) Except as provided by this section, a person may bring

an action described by Section 16.0046, Civil Practice and Remedies

Code, as redesignated and amended by this Act, that accrued before

the effective date of this Act not later than the second anniversary

of the effective date of this Act.

(c) 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 immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.