CIVIL PRACTICE AND REMEDIES CODE CHAPTER 16. …

1 CIVIL PRACTICE AND REMEDIES CODETITLE 2. TRIAL, JUDGMENT, AND APPEALSUBTITLE B. TRIAL MATTERSCHAPTER 16. LIMITATIONSSUBCHAPTER A. limitations OF PERSONAL OF DISABILITY. (a) For the purposes ofthis subchapter, a person is under a legal disability if the personis:(1)AAyounger than 18 years of age, regardless ofwhether the person is married; or(2)AAof unsound mind.(b)AAIf a person entitled to bring a personal action is undera legal disability when the cause of action accrues, the time of thedisability is not included in a limitations period.(c)AAA person may not tack one legal disability to another toextend a limitations period.(d)AAA disability that arises after a limitations periodstarts does not suspend the running of the 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1987, 70th Leg., ch. 1049, Sec. 56, eff. Sept. 1, limitations PERIOD.

2 (a) A personmust bring suit for malicious prosecution, libel, slander, orbreach of promise of marriage not later than one year after the daythe cause of action accrues.(b)AAA person must bring suit to set aside a sale of propertyseized under Subchapter E, Chapter33, Tax Code, not later than oneyear after the date the property is 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1995, 74th Leg., ch. 1017, Sec. 3, eff. Aug. 28, limitations PERIOD. (a) Except asprovided by , , , a person mustbring suit for trespass for injury to the estate or to the propertyof another, conversion of personal property, taking or detaining1the personal property of another, personal injury, forcible entryand detainer, and forcible detainer not later than two years afterthe day the cause of action accrues.(b)AAA person must bring suit not later than two years afterthe day the cause of action accrues in an action for injuryresulting in death.

3 The cause of action accrues on the death of theinjured 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1995, 74th Leg., ch. 739, Sec. 2, eff. June 15, 1995; Acts1997, 75th Leg., ch. 26, Sec. 2, eff. May 1, by:Acts 2005, 79th Leg., Ch. 97 ( ), Sec. 3, eff. September1, OR SILICA-RELATED INJURIES.(a) In an action for personal injury or death resulting from anasbestos-related injury, as defined by , the cause ofaction accrues for purposes of the earlier of thefollowing dates:(1)AAthe date of the exposed person s death; or(2)AAthe date that the claimant serves on a defendant areport complying with (f).(b)AAIn an action for personal injury or death resulting froma silica-related injury, as defined by , the cause ofaction accrues for purposes of the earlier of thefollowing dates:(1)AAthe date of the exposed person s death; or(2)AAthe date that the claimant serves on a defendant areport complying with (f).

4 Added by Acts 2005, 79th Leg., Ch. 97 ( ), Sec. 4, 1, limitations PERIOD. (a) A personmust bring suit on the following actions not later than four yearsafter the day the cause of action accrues:(1)AAspecific performance of a contract for theconveyance of real property;2(2)AApenalty or damages on the penal clause of a bond toconvey real property;(3)AAdebt;(4)AAfraud; or(5)AAbreach of fiduciary duty.(b)AAA person must bring suit on the bond of an executor,administrator, or guardian not later than four years after the dayof the death, resignation, removal, or discharge of the executor,administrator, or guardian.(c)AAA person must bring suit against his partner for asettlement of partnership accounts, and must bring an action on anopen or stated account, or on a mutual and current accountconcerning the trade of merchandise between merchants or theiragents or factors, not later than four years after the day that thecause of action accrues.

5 For purposes of this subsection, the causeof action accrues on the day that the dealings in which the partieswere interested together 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1999, 76th Leg., ch. 950, Sec. 1, eff. Aug. 30, PERIOD FOR CLAIMS ARISING FROMCERTAIN OFFENSES. (a)AAA person must bring suit for personalinjury not later than 30 years after the day the cause of actionaccrues if the injury arises as a result of conduct that violates:(1) (a)(2), Penal Code (sexual assaultof a child);(2) (a)(1)(B), Penal Code (aggravatedsexual assault of a child);(3) , Penal Code (continuous sexual abuseof young child or children);(4) (a)(7)(A), (B), (C), (D), or (H) (a)(8), Penal Code, involving an activity describedby (a)(7)(A), (B), (C), (D), or (H) or sexual conductwith a child trafficked in the manner described by (a)(7), Penal Code (certain sexual trafficking of a child);(5) (a)(2), Penal Code (compellingprostitution by a child); or3(6) , Penal Code (indecency with achild).

6 (b)AAA person must bring suit for personal injury not laterthan five years after the day the cause of action accrues if theinjury arises as a result of conduct that violates:(1) (a)(1), Penal Code (sexualassault);(2) (a)(1)(A), Penal Code (aggravatedsexual assault);(3) , Penal Code (trafficking ofpersons), other than conduct described by Subsection (a)(4); or(4) (a)(1), Penal Code (compellingprostitution).(c)AAIn an action for injury resulting in death arising as aresult of conduct described by Subsection (a) or (b), the cause ofaction accrues on the death of the injured person.(d)AAA limitations period under this section is tolled for asuit on the filing of a petition by any person in an appropriatecourt alleging that the identity of the defendant in the suit isunknown and designating the unknown defendant as "John or JaneDoe."AAThe person filing the petition shall proceed with duediligence to discover the identity of the defendant and amend thepetition by substituting the real name of the defendant for "John orJane Doe" not later than the 30th day after the date that thedefendant is identified to the limitations periodbegins running again on the date that the petition is by Acts 1995, 74th Leg.

7 , ch. 739, Sec. 1, eff. June 15, by:Acts 2007, 80th Leg., , Ch. 593 ( ), Sec. , 1, 2011, 82nd Leg., , Ch. 1 ( ), Sec. , 1, 2015, 84th Leg., , Ch. 918 ( ), Sec. 1, 1, 2019, 86th Leg., , Ch. 1306 ( ), Sec. 1, 1, FOR CLOSING STREET OR ROAD. (a) Aperson must bring suit for any relief from the following acts notlater than two years after the day the cause of action accrues:(1)AAthe passage by a governing body of an incorporatedcity or town of an ordinance closing and abandoning, or attemptingto close and abandon, all or any part of a public street or alley inthe city or town, other than a state highway; or(2)AAthe adoption by a commissioners court of an orderclosing and abandoning, or attempting to close and abandon, all orany part of a public road or thoroughfare in the county, other thana state highway.(b)AAThe cause of action accrues when the order or ordinanceis passed or adopted.

8 (c)AAIf suit is not brought within the period provided bythis section, the person in possession of the real propertyreceives complete title to the property by limitations and theright of the city or county to revoke or rescind the order orordinance is 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, OF PROPERTY. (a) A carrier ofproperty for compensation or hire must bring suit for the recoveryof charges not later than three years after the day on which thecause of action accrues.(b)AAExcept as provided by Subsections (c) and (d), a personmust bring suit for overcharges against a carrier of property forcompensation or hire not later than three years after the cause ofaction accrues.(c)AAIf the person has presented a written claim for theovercharges within the three-year period, the limitations period isextended for six months from the date written notice is given by thecarrier to the claimant of disallowance of the claim in whole or inpart, as specified in the carrier s notice.

9 (d)AAIf on or before the expiration of the three-year period,the carrier brings an action under Subsection (a) to recovercharges relating to the service or, without beginning an action,collects charges relating to that service, the limitations period5is extended for 90 days from the day on which the action is begun orthe charges are collected.(e)AAA cause of action regarding a shipment of propertyaccrues on the delivery or tender of the property by the carrier.(f)AAIn this section, "overcharge" means a charge fortransportation services in excess of the lawfully 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, OF EXECUTION. A person must bring suitagainst a sheriff or other officer or the surety of the sheriff orofficer for failure to return an execution issued in the person sfavor, not later than five years after the date on which theexecution was 1985, 69th Leg.

10 , ch. 959, Sec. 1, eff. Sept. 1, , ENGINEERS, INTERIOR DESIGNERS,AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, ORINSPECTION OF CONSTRUCTION OF IMPROVEMENTS. (a) A person mustbring suit for damages for a claim listed in Subsection (b) againsta registered or licensed architect, engineer, interior designer, orlandscape architect in this state, who designs, plans, or inspectsthe construction of an improvement to real property or equipmentattached to real property, not later than 10 years after thesubstantial completion of the improvement or the beginning ofoperation of the equipment in an action arising out of a defectiveor unsafe condition of the real property, the improvement, or theequipment.(b)AAThis section applies to suit for:(1)AAinjury, damage, or loss to real or personalproperty;(2)AApersonal injury;(3)AAwrongful death;(4)AAcontribution; or(5)AAindemnity.