In the 2023 Texas legislative session, Representative Leach introduced House Bill 3533 (HB 3533), which aimed to eliminate the statute of limitations for personal injury lawsuits stemming from specific offenses committed against children. Although this bill did not progress past the Judiciary & Civil Jurisprudence Committee and ultimately died, it raised significant questions about the treatment of cases involving child sexual abuse, human trafficking, and related crimes in the Texas legal system.
Key Provisions of HB 3533
The bill sought to amend several sections of the Texas Civil Practice and Remedies Code by removing any statute of limitations for personal injury claims arising from certain severe offenses against children. Under current law, these suits must be filed within two to thirty years after the cause of action accrues, depending on the nature of the crime. HB 3533 proposed to eliminate these time restrictions for the following offenses:
- Sexual Assault of a Child (Section 22.011(a)(2), Penal Code)
- Aggravated Sexual Assault of a Child (Section 22.021(a)(1)(B), Penal Code)
- Continuous Sexual Abuse of a Young Child or Disabled Individual (Section 21.02, Penal Code)
- Sex Trafficking of a Child (Section 20A.02(a)(7)(A)-(H), Penal Code)
- Compelling Prostitution of a Child (Section 43.05(a)(2), Penal Code)
- Indecency with a Child (Section 21.11, Penal Code)
The bill proposed that individuals harmed by these acts would have the right to file personal injury lawsuits against perpetrators at any time, without facing the current statute of limitations.
However, this new standrad allows us to protect children who may have been injured in other types of life-altering accidents as well, even car accidents or negligence from larger corporations.
Rationale Behind the Bill
The intent behind HB 3533 is grounded in the understanding that survivors of childhood abuse, particularly sexual abuse, often face significant psychological barriers to coming forward. Trauma, manipulation by the abuser, and societal stigma frequently cause victims to delay seeking justice. By the time survivors are ready to confront their abuse in court, the statute of limitations may have already expired, preventing them from pursuing legal action.
HB 3533 aimed to address this issue by granting survivors an indefinite period to file lawsuits related to these crimes, recognizing the unique challenges faced by child victims.
“Laws that allow us to protect injured children are key to protecting Texans,” says Texas injury and car accdient lawyer, Greg Oberg.
Partisan Support and Legislative Status
HB 3533 had partisan support, with sponsorship from a Republican legislator, Representative Leach. While the bill aligned with broader national trends of extending or eliminating statutes of limitations for child sexual abuse cases, it ultimately did not advance beyond committee review in the 2023 legislative session.
The bill’s partisan nature may have contributed to its lack of progress, as legislative support for such measures can vary significantly based on political priorities. While some lawmakers prioritize survivors’ rights, others may raise concerns about the fairness of eliminating limitations periods, citing potential challenges for defendants in cases where evidence may be decades old.
The Larger Legal Landscape
Across the United States, many states have enacted similar legislation in response to growing awareness of child sexual abuse and human trafficking. Some states have extended statutes of limitations, while others have eliminated them entirely for certain crimes, recognizing the long-term impacts of trauma and the need to allow victims time to come forward.
By proposing HB 3533, Texas joined a broader national conversation on how to balance the rights of survivors with concerns about due process for defendants. While the bill did not pass, its introduction underscores the ongoing legislative efforts to provide justice to survivors of childhood sexual abuse and human trafficking.
Final Thoughts On This New Texas Legal Standard
HB 3533, though introduced and ultimately left unpassed, represented a significant step in advocating for the rights of survivors of child sexual abuse and related offenses in Texas. The bill’s aim to eliminate the statute of limitations for personal injury claims arising from these crimes reflects a growing recognition of the psychological trauma experienced by victims and the need for legal systems to accommodate their unique challenges. Whether future legislation will revive this effort remains to be seen, but the issues raised by HB 3533 will likely continue to be a focal point in the pursuit of justice for survivors.
