HB4785 - Relating to elimination of limitations periods for suits for personal injury arising from certain offenses against a child or disabled individual.

  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.