Statute of Limitations in Texas: Deadlines for Civil and Criminal Cases

Texas law imposes strict time limits on the filing of civil lawsuits and criminal prosecutions, known collectively as statutes of limitations. These deadlines are established by the Texas Legislature and codified in the Texas Civil Practice and Remedies Code and the Texas Code of Criminal Procedure. Missing a filing deadline generally results in permanent loss of the right to pursue a claim or prosecution, making these limits among the most consequential procedural rules in the Texas legal system.

Definition and Scope

A statute of limitations is a legislatively enacted deadline that bars a legal action if not filed within a specified period following the triggering event — typically the date of injury, discovery of harm, commission of the offense, or accrual of the cause of action. In Texas, civil limitations periods are governed primarily by Texas Civil Practice and Remedies Code, Chapter 16, while criminal limitations periods are set out in Texas Code of Criminal Procedure, Chapter 12.

These statutes serve two structural purposes in the legal framework: they protect defendants from stale claims where evidence has degraded, and they create predictability for courts and parties managing litigation risk. The Texas courts apply these limits jurisdictionally — a claim filed even one day late is subject to dismissal with prejudice absent a recognized tolling doctrine.

Scope coverage: This page addresses limitations periods under Texas state law as applied in Texas state courts. Federal civil rights claims, federal criminal statutes, and actions filed in U.S. District Courts in Texas are governed by separate federal statutes and are not covered here. Limitations periods for claims arising exclusively under federal law — including those pursued under 42 U.S.C. § 1983 — fall outside the geographic and legal scope of this reference.

How It Works

The limitations clock begins running on the date a cause of action "accrues." For most civil claims, accrual occurs when the wrongful act causes legally cognizable harm. Texas courts apply the discovery rule in limited categories of cases, tolling the limitations period until the claimant knew or reasonably should have known of the injury and its likely cause.

Tolling — the suspension or extension of the limitations period — occurs under several statutory and equitable conditions recognized by Texas courts:

1. Minority — Limitations are tolled while a claimant is under 18 years of age (Tex. Civ. Prac. & Rem. Code § 16.001).
2. Legal disability — Mental incapacity that existed at the time the claim accrued tolls the period.
3. Fraudulent concealment — When a defendant actively conceals facts giving rise to the claim, equitable tolling may apply.
4. Absence of defendant from Texas — Time spent by a defendant outside Texas may not count against the limitations period (Tex. Civ. Prac. & Rem. Code § 16.063).
5. Agreement of parties — Parties may contractually shorten (but generally not extend beyond statutory caps) the applicable limitations period in certain commercial contexts.

In criminal cases, the period begins running on the date the offense was committed. The Texas Code of Criminal Procedure, Article 12.01 sets category-specific periods and identifies offenses for which no limitations period applies.

Common Scenarios

The following structured breakdown reflects the principal limitations periods most frequently encountered in Texas civil and criminal practice:

Civil Limitations — Texas Civil Practice and Remedies Code, Chapter 16:

Criminal Limitations — Texas Code of Criminal Procedure, Chapter 12:

DNA evidence tolls criminal limitations periods in specified sex offense categories under Texas Code of Criminal Procedure Article 12.01(1)(E), extended through 2011 legislation codified in the same chapter.

Decision Boundaries

Determining which limitations period applies requires classification along 3 primary axes:

1. Civil vs. Criminal Nature of the Action
Civil limitations govern private party lawsuits. Criminal limitations govern the state's power to prosecute. The same underlying event — a physical assault, for instance — may trigger both a 2-year civil limitations period for personal injury and a 3-year or unlimited criminal limitations period depending on charge severity.

2. Discovery Rule Applicability
Texas applies the discovery rule only in specific contexts where the nature of the injury is "inherently undiscoverable" and the evidence of injury is "objectively verifiable," as articulated by the Texas Supreme Court in S.V. v. R.V., 933 S.W.2d 1 (Tex. 1996). The rule is the exception, not the default. Claims sounding in fraud, legal malpractice, and certain latent injury torts are the primary categories where Texas courts have recognized the discovery rule.

3. Statutory Repose vs. Statute of Limitations
Texas distinguishes limitations periods (which may be tolled) from statutes of repose (which generally cannot be tolled and extinguish the underlying right). The 10-year repose period for medical malpractice claims under § 74.251 is an absolute bar regardless of discovery. Similarly, the 10-year repose in products liability actions under § 16.012 bars claims against sellers after a decade from the sale, subject to narrow exceptions.

Practitioners and researchers examining how these periods interact with Texas civil procedure rules — including pleading requirements and service of process deadlines — should reference the Texas Rules of Civil Procedure as promulgated by the Texas Supreme Court, which operate alongside but separately from limitations statutes.

References

• Texas Civil Practice and Remedies Code, Chapter 16 — Limitations
• Texas Code of Criminal Procedure, Chapter 12 — Limitation of Criminal Prosecutions
• Texas Civil Practice and Remedies Code, Chapter 74 — Medical Liability
• Texas Legislature Online — Statutes Search
• Texas Supreme Court — Rules of Civil Procedure
• Texas Office of Court Administration — Court Reference Materials