Texas Statute of Limitations: Time Limits for Civil and Criminal Cases

Statutes of limitations define the maximum time period within which a civil lawsuit may be filed or a criminal charge may be brought after the event giving rise to the claim. In Texas, these deadlines are established by statute and vary significantly depending on the nature of the legal action involved. Missing a filing deadline typically results in permanent loss of the right to pursue that claim in court, making these time limits among the most consequential procedural rules in the Texas legal system. This page covers the governing framework under Texas law, the major time periods for common civil and criminal actions, the tolling doctrines that can pause the clock, and the boundaries of this reference coverage.

Definition and Scope

A statute of limitations is a legislative enactment that bars a claim if it is not brought within a specified period measured from the date a cause of action accrues. In Texas, civil limitations periods are codified primarily in the Texas Civil Practice and Remedies Code (CPRC), Title 2, Chapter 16. Criminal limitations periods are governed by the Texas Code of Criminal Procedure (CCP), Chapter 12.

The term "accrual" is legally significant: a cause of action generally accrues when the plaintiff knew or, in the exercise of reasonable diligence, should have known of the facts giving rise to the claim. The Texas Supreme Court has addressed accrual in dozens of cases interpreting CPRC § 16.003 and related provisions.

For a broader orientation to how procedural rules interact with substantive rights, the Texas Rules of Civil Procedure provide the procedural backbone within which limitations defenses are raised and adjudicated.

Scope of this page: This reference covers limitations periods under Texas state law only. Federal limitations periods — such as those governing civil rights claims under 42 U.S.C. § 1983 or federal securities fraud — are separate and governed by federal statutes or borrowed state law, as addressed in the context of Texas State vs. Federal Jurisdiction. This page does not address limitations periods in other states, tribal court proceedings, or administrative complaint deadlines, which carry distinct timelines outside the scope of this reference. For foundational definitions relevant to this topic, see Texas Legal System Terminology and Definitions.

How It Works

Accrual and the Running of the Clock

The limitations period begins running on the date the cause of action accrues. Under CPRC § 16.003, a personal injury claim accrues on the date the injury occurs, not the date it is discovered, unless a specific discovery rule applies. The discovery rule is a judicially recognized exception that delays accrual until the claimant discovered — or reasonably should have discovered — the nature of the injury.

Tolling Doctrines

Tolling suspends or pauses the running of the limitations period. Texas recognizes the following tolling grounds:

1. Minority — Under CPRC § 16.001, a person under 18 years of age at the time a claim accrues has until 2 years after reaching the age of majority to file.
2. Legal disability — Persons of unsound mind when the cause of action accrues receive the same 2-year extension after the disability is removed (CPRC § 16.001).
3. Fraudulent concealment — If a defendant fraudulently concealed the existence of a claim, the limitations period is tolled until the plaintiff discovered or should have discovered the claim.
4. Absence from state — Under CPRC § 16.063, the time a defendant is absent from Texas is not counted toward the limitations period.
5. Filing suit — Proper filing of a lawsuit stops the clock for that claim.

Raising the Defense

Limitations is an affirmative defense under Texas Rules of Civil Procedure Rule 94. A defendant who fails to plead limitations in a timely answer risks waiving the defense. Courts do not apply limitations sua sponte in most civil cases. For an overview of how civil litigation proceeds in Texas courts, see Texas Civil Litigation Lifecycle.

Common Scenarios

Civil Limitations Periods Under CPRC Chapter 16

The medical malpractice 10-year statute of repose — codified at CPRC § 74.251 — is an absolute bar, not subject to tolling except for minors under 12, for whom the period extends to their 14th birthday.

Criminal Limitations Periods Under CCP Chapter 12

Texas criminal limitations periods vary by offense classification (Texas Code of Criminal Procedure, Chapter 12):

1. No limitations period (no bar): Murder, capital murder, manslaughter, aggravated kidnapping, trafficking of persons, continuous sexual abuse of a child, indecency with a child, sexual assault of a child, and certain other felonies enumerated at CCP art. 12.01(1) carry no statute of limitations and may be prosecuted at any time.
2. 10-year period: Theft by a fiduciary, robbery, kidnapping, burglary, arson, and forgery — CCP art. 12.01(2).
3. 7-year period: Money laundering and certain fraud offenses involving government contractors — CCP art. 12.01(3).
4. 5-year period: Theft not otherwise listed, certain felony offenses involving injury to a child, and bigamy — CCP art. 12.01(4).
5. 3-year period: All other felonies not specifically listed — CCP art. 12.01(5).
6. 2-year period: Misdemeanors — CCP art. 12.02.

The Texas Criminal Case Lifecycle explains how limitations interacts with charging decisions by prosecutors. The Texas District Attorney and Prosecution System page further addresses the institutional actors who apply these deadlines in practice.

Decision Boundaries

Civil vs. Criminal: Key Contrasts

Civil and criminal limitations periods operate on distinct tracks and serve different purposes. Civil statutes of limitations protect defendants from stale private claims. Criminal statutes of limitations reflect a legislative judgment that prosecution after extended delay is unjust; they also appear within the broader framework of Texas Civil vs. Criminal Law Distinctions.

Three structural differences are particularly significant:

• Who controls the deadline: In civil cases, the plaintiff controls whether and when to file. In criminal cases, the state — through prosecutors — decides whether to bring charges before the deadline expires.
• Effect of tolling: Criminal limitations can be tolled when an indictment or information is pending, when the accused is absent from the state, or when the identity of the offender is established through DNA evidence under CCP art. 12.01(b). Civil tolling operates through different doctrines enumerated in CPRC Chapter 16.
• Consequences of missing the deadline: A civil defendant raises limitations as an affirmative defense; a criminal defendant can seek dismissal of charges. Both consequences are generally absolute once the period expires without tolling.

Federal vs. State Limitations

Claims brought in federal court that borrow Texas limitations law — including certain § 1983 civil rights claims, which borrow Texas's 2-year personal injury period — still follow federal accrual rules. This intersection is discussed within the Regulatory Context for the Texas Legal System.

Special Contexts

Several Texas statutory frameworks set limitations periods outside CPRC Chapter 16:

• Texas Tort Claims Act (CPRC § 101.101): Claims against a governmental unit require formal written notice within 6 months of the incident. Failure to provide timely notice is a jurisdictional bar in most instances. See Texas Sovereign Immunity and Governmental Liability for the full framework.
• Family law matters: Many family code claims — including suits affecting the parent-child relationship — carry distinct deadlines or no limitations period. See Texas Family Law Within the Legal System.
• Probate claims: Creditor claims against a decedent's estate must be filed within specific windows after publication of notice, governed by the Texas Estates Code, not CPRC Chapter 16.

For readers orienting to Texas legal structure broadly, How the Texas Legal System Works provides the foundational framework within which limitations rules operate, and the Texas Legal Services Authority home page links to the full reference network covering procedural and substantive Texas law topics.

References

• [Texas Civil Practice and Remedies Code, Chapter