H.B. No. 189

	AN ACT
	relating to the statute of limitations for a suit for personal
	injury arising from certain offenses constituting sexual abuse of a
	child or for certain sexual assault offenses.
	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 must bring suit for
	personal injury not later than 15 [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), Penal Code, 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.  Article 12.01, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 12.01.  FELONIES.  Except as provided in Article 12.03,
	felony indictments may be presented within these limits, and not
	afterward:
	(1)  no limitation:
	(A)  murder and manslaughter;
	(B)  sexual assault under Section 22.011(a)(2),
	Penal Code, or aggravated sexual assault under Section
	22.021(a)(1)(B), Penal Code;
	(C)  sexual assault, if:
	(i)  during the investigation of the offense
	biological matter is collected and subjected to forensic DNA
	testing and the testing results show that the matter does not match
	the victim or any other person whose identity is readily
	ascertained; or
	(ii)  probable cause exists to believe that
	the defendant has committed the same or a similar sexual offense
	against five or more victims;
	(D)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code;
	(E)  indecency with a child under Section 21.11,
	Penal Code;
	(F)  an offense involving leaving the scene of an
	accident under Section 550.021, Transportation Code, if the
	accident resulted in the death of a person;
	(G)  trafficking of persons under Section
	20A.02(a)(7) or (8), Penal Code; or
	(H)  continuous trafficking of persons under
	Section 20A.03, Penal Code;
	(2)  ten years from the date of the commission of the
	offense:
	(A)  theft of any estate, real, personal or mixed,
	by an executor, administrator, guardian or trustee, with intent to
	defraud any creditor, heir, legatee, ward, distributee,
	beneficiary or settlor of a trust interested in such estate;
	(B)  theft by a public servant of government
	property over which he exercises control in his official capacity;
	(C)  forgery or the uttering, using or passing of
	forged instruments;
	(D)  injury to an elderly or disabled individual
	punishable as a felony of the first degree under Section 22.04,
	Penal Code;
	(E)  sexual assault, except as provided by
	Subdivision (1);
	(F)  arson;
	(G)  trafficking of persons under Section
	20A.02(a)(1), (2), (3), or (4), Penal Code; or
	(H)  compelling prostitution under Section
	43.05(a)(1), Penal Code;
	(3)  seven years from the date of the commission of the
	offense:
	(A)  misapplication of fiduciary property or
	property of a financial institution;
	(B)  securing execution of document by deception;
	(C)  a felony violation under Chapter 162, Tax
	Code;
	(D)  false statement to obtain property or credit
	under Section 32.32, Penal Code;
	(E)  money laundering;
	(F)  credit card or debit card abuse under Section
	32.31, Penal Code;
	(G)  fraudulent use or possession of identifying
	information under Section 32.51, Penal Code;
	(H)  Medicaid fraud under Section 35A.02, Penal
	Code; or
	(I)  bigamy under Section 25.01, Penal Code,
	except as provided by Subdivision (6);
	(4)  five years from the date of the commission of the
	offense:
	(A)  theft or robbery;
	(B)  except as provided by Subdivision (5),
	kidnapping or burglary;
	(C)  injury to an elderly or disabled individual
	that is not punishable as a felony of the first degree under Section
	22.04, Penal Code;
	(D)  abandoning or endangering a child; or
	(E)  insurance fraud;
	(5)  if the investigation of the offense shows that the
	victim is younger than 17 years of age at the time the offense is
	committed, 20 years from the 18th birthday of the victim of one of
	the following offenses:
	(A)  sexual performance by a child under Section
	43.25, Penal Code;
	(B)  aggravated kidnapping under Section
	20.04(a)(4), Penal Code, if the defendant committed the offense
	with the intent to violate or abuse the victim sexually; or
	(C)  burglary under Section 30.02, Penal Code, if
	the offense is punishable under Subsection (d) of that section and
	the defendant committed the offense with the intent to commit an
	offense described by Subdivision (1)(B) or (D) of this article or
	Paragraph (B) of this subdivision;
	(6)  ten years from the 18th birthday of the victim of
	the offense:
	(A)  trafficking of persons under Section
	20A.02(a)(5) or (6), Penal Code;
	(B)  injury to a child under Section 22.04, Penal
	Code;
	(C)  compelling prostitution under Section
	43.05(a)(2), Penal Code; or
	(D)  bigamy under Section 25.01, Penal Code, if
	the investigation of the offense shows that the person, other than
	the legal spouse of the defendant, whom the defendant marries or
	purports to marry or with whom the defendant lives under the
	appearance of being married is younger than 18 years of age at the
	time the offense is committed; or
	(7)  three years from the date of the commission of the
	offense:  all other felonies.
	SECTION 3.  Section 16.0045, Civil Practice and Remedies
	Code, as amended 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 4.  Article 12.01, Code of Criminal Procedure, as
	amended by this Act, does not apply to an offense if the prosecution
	of that offense becomes barred by limitation before the effective
	date of this Act. The prosecution of that offense remains barred as
	if this Act had not taken effect.
	SECTION 5.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 189 was passed by the House on May 1,
	2015, by the following vote:  Yeas 133, Nays 4, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 189 on May 26, 2015, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 189 on May 30, 2015, by the following vote:  Yeas 140,
	Nays 5, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 189 was passed by the Senate, with
	amendments, on May 24, 2015, by the following vote:  Yeas 30, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	189 on May 30, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor