H.B. No. 5074 amends the Civil Practice and Remedies Code to establish new provisions regarding personal injury actions arising from sexual offenses against children or disabled individuals when brought against non-perpetrators. The bill modifies the statute of limitations for such claims, extending the time frame from 30 years to 35 years for filing a lawsuit after the cause of action accrues. Additionally, it introduces Chapter 81B, which outlines specific definitions and requirements for businesses or organizations operating a "safe environment program," including conducting background checks and mandatory training for employees on sexual abuse reporting.
The bill also sets forth the conditions under which a claimant can pursue damages against non-perpetrators, requiring proof by clear and convincing evidence. It establishes liability limits for defendants, capping damages at $250,000 for each occurrence and $1 million per claimant. Furthermore, the bill waives certain sovereign immunity protections for entities within these liability limits, while clarifying that it does not create new causes of action related to safe environment programs. The changes will take effect on September 1, 2025, and will only apply to causes of action that accrue on or after that date.
Statutes affected: Introduced: Civil Practice and Remedies Code 16.0045, Title , Civil Practice and Remedies Code 21.11 (Title , Civil Practice and Remedies Code 21, Civil Practice and Remedies Code 16)