SB2905 - Relating to elimination of limitations periods for suits for personal injury arising from certain offenses against a child or disabled individual.

  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.