Tex. Civ. Practice & Remedies Code Section 16.0045
Limitations Period for Claims Arising from Certain Offenses


(a)

A person must bring suit for personal injury not later than 30 years after the day the cause of action accrues if the injury arises as a result of conduct that violates:

(1)

Section 22.011 (Sexual Assault)(a)(2), Penal Code (sexual assault of a child);

(2)

Section 22.021 (Aggravated Sexual Assault)(a)(1)(B), Penal Code (aggravated sexual assault of a child);

(3)

Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code (continuous sexual abuse of young child or disabled individual);

(4)

Section 20A.02 (Trafficking of Persons)(a)(7)(A), (B), (C), (D), or (H) or Section 20A.02 (Trafficking of Persons)(a)(8), Penal Code, involving an activity described by Section 20A.02 (Trafficking of Persons)(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a child or disabled individual trafficked in the manner described by Section 20A.02 (Trafficking of Persons)(a)(7), Penal Code (certain sexual trafficking);

(5)

Section 43.05 (Compelling Prostitution)(a)(2) or (3), Penal Code (compelling prostitution by a child or disabled individual); or

(6)

Section 21.11 (Indecency with a Child), Penal Code (indecency with a child).

(b)

A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury arises as a result of conduct that violates:

(1)

Section 22.011 (Sexual Assault)(a)(1), Penal Code (sexual assault);

(2)

Section 22.021 (Aggravated Sexual Assault)(a)(1)(A), Penal Code (aggravated sexual assault);

(3)

Section 20A.02 (Trafficking of Persons), Penal Code (trafficking of persons), other than conduct described by Subsection (a)(4); or

(4)

Section 43.05 (Compelling Prostitution)(a)(1), Penal Code (compelling prostitution).

(c)

In an action for injury resulting in death arising as a result of conduct described by Subsection (a) or (b), the cause of action accrues on the death of the injured person.

(d)

A limitations period under this section is tolled for a suit on the filing of a petition by any person in an appropriate court alleging that the identity of the defendant in the suit is unknown and designating the unknown defendant as “John or Jane Doe.” The person filing the petition shall proceed with due diligence to discover the identity of the defendant and amend the petition by substituting the real name of the defendant for “John or Jane Doe” not later than the 30th day after the date that the defendant is identified to the plaintiff. The limitations period begins running again on the date that the petition is amended.
Added by Acts 1995, 74th Leg., ch. 739, Sec. 1, eff. June 15, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.01, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 3.01, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 918 (H.B. 189), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1306 (H.B. 3809), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.01, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.06, eff. September 1, 2023.

Source: Section 16.0045 — Limitations Period for Claims Arising from Certain Offenses, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­16.­htm#16.­0045 (accessed Mar. 23, 2024).

16.001
Effect of Disability
16.002
One-year Limitations Period
16.003
Two-year Limitations Period
16.004
Four-year Limitations Period
16.005
Action for Closing Street or Road
16.006
Carriers of Property
16.007
Return of Execution
16.008
Architects, Engineers, Interior Designers, and Landscape Architects Furnishing Design, Planning, or Inspection of Construction of Improvements
16.009
Persons Furnishing Construction or Repair of Improvements
16.010
Misappropriation of Trade Secrets
16.011
Surveyors
16.012
Products Liability
16.013
Real Estate Appraisers and Appraisal Firms
16.021
Definitions
16.022
Effect of Disability
16.023
Tacking of Successive Interests
16.024
Adverse Possession: Three-year Limitations Period
16.025
Adverse Possession: Five-year Limitations Period
16.029
Evidence of Title to Land by Limitations
16.030
Title Through Adverse Possession
16.0031
Asbestos-related or Silica-related Injuries
16.031
Enclosed Land
16.032
Adjacent Land
16.033
Technical Defects in Instrument
16.034
Attorney’s Fees
16.035
Lien on Real Property
16.036
Extension of Real Property Lien
16.037
Effect of Extension of Real Property Lien on Third Parties
16.038
Rescission or Waiver of Accelerated Maturity Date
16.0045
Limitations Period for Claims Arising from Certain Offenses
16.051
Residual Limitations Period
16.061
Rights Not Barred
16.062
Effect of Death
16.063
Temporary Absence from State
16.064
Effect of Lack of Jurisdiction
16.065
Acknowledgment of Claim
16.066
Action on Foreign Judgment
16.067
Claim Incurred Prior to Arrival in This State
16.068
Amended and Supplemental Pleadings
16.069
Counterclaim or Cross Claim
16.070
Contractual Limitations Period
16.071
Notice Requirements
16.072
Saturday, Sunday, or Holiday
16.073
Applicability of Limitations Periods to Arbitration

Accessed:
Mar. 23, 2024

§ 16.0045’s source at texas​.gov