A fair chance to recover from those also responsible

Give Homicide Families Time to Sue

Time to sue after a homicide prosecution: six years, not two, for a wrongful-death claim against third parties whose responsibility the criminal case reveals — with the clock protected while the prosecution runs.

DRAFT — not filed  Proposed bill for the 90th Texas Legislature · Amends Texas Civil Practice and Remedies Code §16.003(b) · Last updated November 5, 2026

The problem

Texas gives a family two years from the date of a loved one's death to bring a wrongful-death lawsuit (Civil Practice and Remedies Code §16.003(b)). That clock runs no matter what the criminal justice system is doing. But in a homicide, the evidence that someone besides the killer also bears responsibility — a bar that overserved him, a property owner who ignored a known danger, an employer who hired without looking — usually surfaces inside the criminal case: in investigation files, forensic reports, and sworn testimony the family cannot obtain or use while the prosecution is pending.

Criminal cases do not run on the family's schedule. A first trial can end in a hung jury; a retrial can take another year or more. The two-year deadline can expire before the family knows a third-party claim exists — extinguished not by anything the family did, but by the State's own timetable.

What the bill does

Why it works

Virginia tolls the civil clock during a prosecution and guarantees a filing window afterward; Georgia tolls for up to six years. Texas gives families nothing. This design also stays inside the Texas Constitution: under Article I, §16 and Robinson v. Crown Cork & Seal, the Legislature may not revive a claim that has already expired, because a limitations defence vests at expiry. This bill never revives anything. Every protection in it attaches only while a claim is still alive, and a claim already expired when the bill takes effect — or before an indictment is filed — stays expired. The floor and the six-month lag protect time the Legislature has already granted; they do not manufacture it.

The strongest objection is that a business may first learn it is a target years after a death, when its own records are gone and its insurer has closed its reserves. The answer is that in this class of cases the evidence is preserved by the State — sworn, transcribed, and exhibited — and the exposure is bounded: six years with no indictment, and a fixed minimum filing window after one. The alternative under current law is worse for defendants too: prudent lawyers file speculative suits against every plausible third party before the criminal evidence exists. This bill lets families wait for the facts and sue once.

Rights and safeguards

How hard will this be to pass?

High — 4 of 5

Lengthening a limitations period from two years to six is a substantial change, and business and insurance interests routinely oppose longer exposure windows — expect organised opposition rather than a quiet committee hearing. The design answers the fairness objection on the merits (the criminal case preserves the evidence, and no expired claim is ever revived), but the constitutional line against revival will be scrutinised word by word, because one drafting slip could sink the whole bill.

Cost

No significant cost to the state is expected from the limitations change itself; governmental units' exposure is bounded by the Tort Claims Act's existing damages caps.

What we need — and the next step

We are asking victims' advocacy organisations to champion or endorse this bill, testify for it, or advise on it — and members of the 90th Legislature to consider authoring it. It asks only that a family's time to sue not be consumed by the State's own prosecution of the person who killed their loved one.

Next step: a 20-minute briefing with Lawrence Baitland — and then your yes or no on championing this bill.

Download the one-page summary (PDF)

Layer 2 — The advocacy brief

For advocates preparing to pitch this bill: the fuller picture, the arguments against it stated fairly, and our answers.

How this gap in the law actually plays out

Content note: this section describes one family's experience of the criminal process after a homicide, in plain terms and without graphic detail.

Cayley Mandadi was killed in 2017. Her case did not end with one trial. The first trial ended with a hung jury. The State tried the case a second time, and at the retrial the jury convicted her killer of aggravated assault — not homicide — and he received twenty years. Her father, Lawrence Baitland, does not recite that to argue about the verdict. He recites it because of what it means for time: from her death to the end of that second trial, years passed, and every one of them was consumed by a process the family did not control — not the pace of the investigation, not the trial settings, not the hung jury, not the decision to retry. The family were witnesses in that case. They were not parties to it. They waited, because waiting was the only role the system gave them.

Under the two-year clock, a family in exactly that position can watch the entire limitations period be consumed by the prosecution of the person who killed their loved one — and reach the end of it to find their civil claims gone. Not decided against them. Never heard at all. And the claims most likely to be lost are the ones families usually do not know they have at the beginning. The first question after a death is who did it. The second question — who else bears responsibility — is usually answered by the criminal case itself: whether a bar served a man long past obvious intoxication and let him leave, whether a property owner knew of a danger on the premises and ignored it. Those facts rarely sit in a police report on day one. They come out in investigation files, in compelled records, and in testimony under oath — material the family cannot use while the criminal case is pending, because the evidence belongs to the prosecution.

Other jurisdictions have already made this judgment. Virginia pauses the civil clock while a prosecution is pending and guarantees filing time afterward. Georgia pauses it for up to six years. Federal law stays a trafficking victim's civil case while the criminal case runs. Texas, today, does none of these things. The Texas family's clock simply expires.

Likely criticism — and our answers

You will meet these arguments in committee, in the press, and possibly inside your own organisation. Each is stated in its strongest fair form. The expected sources, named here as likely critics — a different thing from naming an ally — are tort-reform organisations (Texans for Lawsuit Reform, and the Texas Civil Justice League, whose published principles state that it generally opposes bills that create new ways to sue and prize a predictable liability environment), insurer groups, the businesses that are the usual third-party defendants in these cases, and governmental-entity associations. Except for the Civil Justice League's stated principles, these are inferences from each organisation's mission and record; none has taken a position on this bill, and none has been contacted about it.

"Limitations exist so defendants can defend while evidence is fresh. A business sued five years on has lost its records, its employees, and its chance to defend itself."

This is the strongest objection, and it is a real one: defending a negligent-security or negligent-hiring case years after the event is genuinely harder. Three features of this bill answer it. First, in this class of cases the evidence is preserved by the State — sworn testimony, exhibits, forensic reports, surveillance and records developed under compulsion, all transcribed — typically better evidence than anything available at month twenty. Second, statutes of repose, the substantive protection that cuts off a claim regardless of discovery, are expressly untouched. Third, the exposure is bounded and knowable: if no indictment issues within six years, the claim expires at year six and cannot be revived; if one does, what is guaranteed is a fixed minimum filing window — a year and a half of clock, beginning six months after the first case concludes.

"This revives dead claims. The Texas Constitution forbids retroactive laws, and a limitations defence is a vested right."

The constitutional premise is correct, and the bill is built around it. Under Robinson v. Crown Cork & Seal and the Mellinger line, a limitations defence vests only when the period has fully run — which is why this bill never revives anything. Every protection in it attaches only while a claim is still alive: the floor engages only if an indictment is filed before the period expires, the draft says expressly that a prosecution commencing after expiry does nothing, claims already barred when the Act takes effect stay barred, and final judgments are untouched. What the bill does is lengthen a clock that is still running — the classic permissible operation — not resurrect one that has stopped for good.

"Insurers price on the two-year Texas clock. This extends the tail unpredictably, on a timetable — a prosecutor's — that no business or insurer controls or even monitors."

The tail is longer, but it is not unpredictable. The outer facts an actuary needs are fixed numbers in the bill: a six-year horizon where no prosecution is brought, and a defined minimum window after a timely indictment. Exposure keyed to a criminal case is also not new to Texas law: §16.0045 already imposes periods of five and thirty years for listed offences. And the fairness premise cuts both ways — the family's claim is being consumed by the same prosecutor's timetable, set by the State, in a case the family did not choose to be part of.

"This is a special-interest exception to limitations law, and it will grow. Every case will litigate what counts as a prosecution, when it 'concluded,' and whether the claim is covered."

The bill is narrow on its face: homicide cases only, wrongful-death claims only, no new cause of action, no changed element, defence, or damages rule. The threshold questions are answered in the text rather than left open — a qualifying prosecution is a Texas indictment (not an investigation, not a federal or juvenile proceeding), "conclusion" is the first verdict, accepted plea, or filed dismissal, and a hung jury is expressly not a conclusion. The nexus test is Virginia's "same facts" standard, and the claimant must plead and prove the prosecution, its conclusion date, and that nexus — so the burden of the new questions sits on the person invoking the bill. An early generation of construction litigation attends any new timing rule; the drafting is built to keep it short.

"Families already have tools: file protectively, or use the discovery rule."

Neither tool reaches this case. The discovery rule is categorical, and under Exxon v. Emerald Oil the clock runs from knowledge of the injury even if the claimant does not know the specific cause or the party responsible — a death is never "inherently undiscoverable," yet the facts establishing a third party's liability may be unprovable until the criminal trial develops them. Protective filing is worse, including for defendants: it means suing every plausible third party on suspicion, before the criminal evidence exists — more litigation, more innocent parties sued, more cost for the very businesses raising this objection. This bill lets the family wait for the facts and sue once, against whom the evidence supports.

Potential allies

These are the kinds of organisation whose missions and records align with this bill. Organisations are deliberately not named here. A group that found its own name on a bill page could reasonably read it as being cited as a supporter, and no organisation has committed to this bill. Named research is kept in the project's working papers; a category below means a natural conversation to have, not a position taken.

Prosecutors are a consultee, not a counted ally. A rule that lets families wait may quietly relieve a real friction point — civil lawyers conducting parallel discovery while a prosecution is pending — but prosecutors may equally resist anything that appears to tie civil outcomes to charging decisions. Support should not be assumed; a "does not harm prosecutions" position may be the realistic ask.

Prospective authors

To be published after re-verification. Candidates to approach — several members, identified from their records on victims' legislation and on limitations law in the 88th and 89th Legislatures — have been researched and are held in the project's working papers. Because the 2026 election changed the House, the governorship, and the Lieutenant Governorship, no names are published here until rosters and committee assignments for the 90th Legislature are verified in January. What can be said now: the strongest approach pairs a member with a personal connection to this family's earlier legislation with a sponsor whose record marks the bill as a victims' bill, and adds a member who has already done the limitations-and-retroactivity work.

Fiscal and implementation notes

Talking points

Questions advocates ask

Does this bill revive claims that have already expired?

No — never. A claim barred before the Act takes effect stays barred; a claim that expires before any indictment is filed stays expired; final judgments are untouched. Every protection attaches only to a claim that is still alive.

What if no one is ever indicted?

Then the family has the six-year base period and nothing more. At year six the claim expires, and nothing in the bill can revive it. The six years are the horizon.

When is a criminal case "concluded"?

At the first verdict (including a conviction on a lesser offence), an accepted guilty or no-contest plea, or a filed dismissal. A hung jury is not a conclusion — the protection continues through a retrial — and neither sentencing nor appeals delay the date.

Who can sue, and whom can they sue?

The wrongful-death beneficiaries under Chapter 71 — the deceased's surviving spouse, children, and parents. The six-year period applies against any defendant: the perpetrator and third parties alike, including governmental units, whose claim-notice deadline the bill also fixes.

Does the family have to prove the criminal case revealed their claim?

No. The claim need only arise out of the same facts as the prosecution — Virginia's test. The family must plead and prove the prosecution, when it commenced and concluded, and that same-facts connection; they do not carry a proof burden about what the criminal case did or did not reveal.

Layer 3 — Technical appendix

For attorneys, board reviewers, and legislative staff: current law, what the draft changes, the legal analysis, and the seams we already know about.

Download the draft bill in Texas House format (PDF) — DRAFT, not filed

Current law

ProvisionWhat it does now
Civil Practice & Remedies Code §16.003(b) The wrongful-death clock: suit "not later than two years after the day the cause of action accrues in an action for injury resulting in death," and the cause of action accrues on the death of the injured person. (§16.002 is a one-year period for libel, slander, and similar claims — not this one.) There is no statutory pause while the State investigates, indicts, tries, hangs a jury, and retries.
Chapter 71 (§§71.002, 71.004, 71.021) The claims themselves. Liability for a death caused by a "wrongful act, neglect, carelessness, unskillfulness, or default"; the wrongful-death action is for the exclusive benefit of the surviving spouse, children, and parents (§71.004 — siblings have no Texas wrongful-death claim); the deceased's own personal-injury claim survives to the heirs, legal representatives, and estate (§71.021).
Texas tolling law generally Tolling is specific and statutory — "ordinarily, once the limitations period commences to run, nothing will stop it except an event provided for by statute." The Chapter 16 tolling rules that exist are narrow: disability at accrual (§16.001), a defendant's absence from the state (§16.063), Doe-defendant filing in §16.0045 cases. No Texas statute tolls or restarts a civil clock because a related criminal prosecution is pending. The judge-made doctrines do not fill the gap: the discovery rule is categorical (HECI Exploration Co. v. Neel), and under Exxon v. Emerald Oil knowledge of the injury starts the clock even without knowledge of the specific cause or the party responsible — close to fatal where the injury (a death) is known but the third party's liability is not yet provable.
§16.0045 Texas's crime-based extended periods: thirty years for listed child sexual offences, five years for listed adult sexual-assault and trafficking offences, with death claims accruing on the death (§16.0045(c)). Whether those long periods reach non-perpetrator third parties, as opposed to the perpetrator alone, is contested — the gap this bill addresses in miniature. The draft preserves any longer period; it never shortens one.
Statutes of repose (§§16.008, 16.009, 16.011, 16.012; §74.251) Repose is substantive, not procedural: it abolishes the cause of action itself after a fixed period from the defendant's act (ten years for construction/design professionals and surveyors; fifteen for products liability), whether or not the claim has accrued or been discovered, and it is generally not tolled. The draft expressly does not extend, revive, or affect any period of repose.
Va. Code §8.01-229(K) (comparator) Virginia's answer to the same collision: where a criminal prosecution arising out of the same facts is commenced, the time the prosecution is pending "shall not be computed" in the civil limitations period for personal-injury and wrongful-death actions, and after final disposition the claimant has the remaining period or one year, whichever is longer. A late-indictment safety valve (prosecution commenced after the civil period ran) is capped at ten years from the crime. Georgia tolls from the date of the crime until the prosecution is final or terminated, capped at six years (O.C.G.A. §9-3-99), and federal law stays a trafficking victim's civil action during the criminal case (18 U.S.C. §1595(b)). Texas has no equivalent of any of them.

What the draft changes, section by section

Legal analysis

Known seams — flagged for the author and Legislative Council

Published here deliberately: a bill page that hides its drafting issues will not survive staff review, and these are mechanical rather than substantive.

Sources

The next step

Champion, endorse, testify, advise — or author. The next step is a 20-minute briefing with Lawrence Baitland, and then your yes or no.