By: Leach H.B. No. 4601       A BILL TO BE ENTITLED   AN ACT   relating to certain suits for personal injury that arise as a result   of conduct that violates certain Penal Code provisions concerning   sexual offenses against a child but that are filed against certain   persons who did not commit the conduct that violated those Penal   Code provisions.          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 Subsection (a-1), a [A] person   must bring suit for personal injury 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 trafficked in the manner described by Section   20A.02(a)(7), Penal Code (certain sexual trafficking of a child);                (5)  Section 43.05(a)(2), Penal Code (compelling   prostitution by a child); or                (6)  Section 21.11, Penal Code (indecency with a   child).          SECTION 2.  Section 16.0045, Civil Practice and Remedies   Code, is amended by adding Subsections (a-1), (a-2), and (a-3) to   read as follows:          (a-1)  A person must bring suit for personal injury against a   non-perpetrator not later than fifteen years after the day the   cause of action accrues if:                (1)  the injury arises as a result of conduct that   violates a Penal Code provision listed in Subsection (a); and                (2)  the person against whom the suit is filed had a   safe environment program at the time the injury occurred.          (a-2)  For the purposes of Subsection (a-1):                (1)  "non-perpetrator" means a person who did not   directly physically assault the claimant or a person who is not the   individual who committed the conduct that violates a provision of   the Penal Code listed in Subsection (a); and                (2)  "safe environment program" means a good faith   effort by a person to:                      (A)  conduct criminal background checks of the   person's employees not less than one time every five years;                      (B)  require the person's employees to attend not   less than one time every five years an in-person or on-line   educational program related to the sexual abuse of minors and the   reporting of sexual abuse of minors; and                      (C)  report allegations of sexual abuse of minors   by employees of the person to the Department of Family and   Protective Services or law enforcement as required by law.          (a-3)  A claimant who files a suit described by Subsection   (a) against a person described by Subsection (a-1) may not recover   any damages against a non-perpetrator unless the claimant proves   each element of the cause of action by clear and convincing   evidence.          (a-4)  Nothing in this Act creates a private cause of action   against a person concerning a safe environment program as set forth   herein.          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 accrues 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, 2023