84R943 CAE-D
 
  By: Taylor of Collin S.B. No. 113
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the statute of limitations for a suit for personal
  injury arising from certain offenses constituting sexual abuse of a
  child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.0045, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 16.0045.  [FIVE-YEAR] LIMITATIONS PERIOD FOR CLAIMS
  ARISING FROM CERTAIN OFFENSES. (a)  A person may [must] bring suit
  for personal injury at any time [not later than five 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) [22.011], Penal Code (sexual
  assault of a child);
               (2)  Section 22.021(a)(1)(B) [22.021], Penal Code
  (aggravated sexual assault of a child);
               (3)  Section 21.02, Penal Code (continuous sexual abuse
  of young child or children);
               (4)  Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
  Section 20A.02(a)(8) involving an activity described by Section
  20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a
  child trafficked in the manner described by Section 20A.02(a)(7)
  [20A.02], Penal Code (certain sexual trafficking of a child
  [persons]); [or]
               (5)  Section 43.05(a)(2) [43.05], Penal Code
  (compelling prostitution by a child); or
               (6)  Section 21.11, Penal Code (indecency with a
  child).
         (b)  A person must bring suit for personal injury not later
  than five 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)(1), Penal Code (sexual
  assault);
               (2)  Section 22.021(a)(1)(A), Penal Code (aggravated
  sexual assault);
               (3)  Section 20A.02, Penal Code (trafficking of
  persons), other than conduct described by Subsection (a)(4); or
               (4)  Section 43.05(a)(1), Penal Code (compelling
  prostitution).
         (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.
         (d)  A [(c)  The] limitations period under this section is
  tolled for a suit on the filing of a petition by any person in an
  appropriate court alleging that the identity of the defendant in
  the suit is unknown and designating the unknown defendant as "John
  or Jane Doe." The person filing the petition shall proceed with due
  diligence to discover the identity of the defendant and amend the
  petition by substituting the real name of the defendant for "John or
  Jane Doe" not later than the 30th day after the date that the
  defendant is identified to the plaintiff. The limitations period
  begins running again on the date that the petition is amended.
         SECTION 2.  The change in law made by this Act applies 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 3.  This Act takes effect September 1, 2015.