HB5074 - 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.

  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.