Texas Statute of Limitations: Filing Deadlines by Case Type

Understanding filing deadlines in Texas can mean the difference between winning your case and losing it before you ever step foot in a courtroom. The statute of limitations sets the maximum amount of time you have to file a lawsuit or the state has to bring criminal charges. Once that window closes, the right to pursue the claim is gone for good.

Texas law splits these deadlines into two main categories: civil statutes of limitations (for lawsuits between private parties) and criminal statutes of limitations (for prosecution of crimes by the state). Each category has different deadlines depending on the type of case.

This guide covers every major filing deadline under Texas law, explains important exceptions and tolling rules, and provides specific statutory references you can verify through the official Texas Legislature website.

Texas Civil Statute of Limitations

Texas civil filing deadlines are found primarily in Chapter 16 of the Civil Practice and Remedies Code (CPRC). If you miss the applicable deadline, the defendant can file a motion to dismiss, and the court will grant it. Your claim is lost permanently.

The clock generally starts on the date the injury or breach occurred, though Texas courts do apply a "discovery rule" in limited circumstances.

Personal Injury

Texas provides 2 years from the date of injury to file a personal injury lawsuit. This applies to car accidents, slip-and-fall injuries, assault, battery, and most other negligence claims. The governing statute is CPRC §16.003(a).

Sexual Assault (Civil Claims)

Survivors of sexual assault have 5 years to bring a civil lawsuit under CPRC §16.0045. This extended deadline recognizes that survivors of sexual violence often need additional time to come forward.

Wrongful Death

A wrongful death lawsuit must be filed within 2 years of the date of death under CPRC §16.003(a). The clock starts on the date of death, not the date of the underlying injury.

Medical Malpractice

Health care liability claims must be filed within 2 years of the treatment or breach under CPRC §74.251. Texas also imposes a hard 10-year statute of repose, meaning no medical malpractice claim can be filed more than 10 years after the act that caused the injury, regardless of when the injury was discovered.

For minors under 12, the filing deadline extends until the child turns 14. Sending a notice of claim under CPRC §74.051 tolls the statute of limitations for 75 days.

Property Damage

Claims for damage to personal property, including vehicle damage, must be filed within 2 years under CPRC §16.003(a).

Trespass

Trespass claims carry a 2-year statute of limitations under CPRC §16.003(a).

Defamation (Libel and Slander)

Defamation claims, whether for written statements (libel) or spoken statements (slander), must be filed within 1 year under CPRC §16.002(a). This is one of the shortest deadlines in Texas civil law.

Fraud

Civil fraud claims must be filed within 4 years under CPRC §16.004(a)(4). The discovery rule may apply if the fraud was concealed.

Breach of Contract

Texas applies a 4-year statute of limitations to breach of written contract claims under CPRC §16.004(a)(3). Oral contracts may also fall under this deadline depending on the nature of the claim.

Debt Collection

Actions to collect on a debt or account must be filed within 4 years under CPRC §16.004(a)(3). After the limitations period expires, the debt becomes "time-barred" and creditors lose the ability to sue for collection, though the debt itself does not disappear.

Sale of Goods (UCC)

For contracts involving the sale of goods under the Uniform Commercial Code, Texas provides a 4-year statute of limitations under Business and Commerce Code §2.725.

Product Liability

Product liability claims follow the general 2-year personal injury deadline. However, Texas also imposes a 15-year statute of repose under CPRC §16.012, meaning claims generally cannot be brought more than 15 years after the product was sold, regardless of when the injury occurred.

Construction Defects

Claims against builders or contractors for defects in improvements to real property must be filed within 10 years of substantial completion under CPRC §16.009. This is a statute of repose that applies to the design, planning, or construction of improvements.

Judgments

Under CPRC §34.001, a judgment becomes dormant if no writ of execution is issued within 10 years of rendition. Creditors have an additional 2 years to file a revival motion. Child support judgments are exempt from this rule.

Residual Limitations Period

For any civil action that does not have a specific statute of limitations, CPRC §16.051 provides a default 4-year deadline.

Complete Civil Statute of Limitations Table

Case Type	Time Limit	Statute
Personal Injury	2 years	CPRC §16.003(a)
Sexual Assault (Civil)	5 years	CPRC §16.0045
Wrongful Death	2 years	CPRC §16.003(a)
Medical Malpractice	2 years (10-year repose)	CPRC §74.251
Property Damage	2 years	CPRC §16.003(a)
Trespass	2 years	CPRC §16.003(a)
Defamation (Libel/Slander)	1 year	CPRC §16.002(a)
Fraud	4 years	CPRC §16.004(a)(4)
Breach of Contract (Written)	4 years	CPRC §16.004(a)(3)
Debt Collection	4 years	CPRC §16.004(a)(3)
Sale of Goods (UCC)	4 years	BCC §2.725
Product Liability	2 years (15-year repose)	CPRC §16.003, §16.012
Construction Defects	10 years (repose)	CPRC §16.009
Judgments	10 years (dormancy)	CPRC §34.001
All Other Civil Actions	4 years (residual)	CPRC §16.051

Texas Criminal Statute of Limitations

Texas criminal filing deadlines are found in Chapter 12 of the Code of Criminal Procedure (CCP). These time limits determine how long prosecutors have to bring charges after a crime has been committed.

Crimes With No Time Limit

Texas imposes no statute of limitations on the following offenses under CCP Art. 12.01(1):

• Murder
• Manslaughter
• Aggravated sexual assault
• Sexual assault
• Continuous sexual abuse of a young child
• Indecency with a child
• Compelling prostitution of a person younger than 18
• Leaving the scene of an accident resulting in death (hit and run)

The 2023 passage of HB 1769 further extended protections for child victims by broadening the offenses against minors that carry no limitations period.

Felonies With 10-Year Limits

The following felonies must be prosecuted within 10 years under CCP Art. 12.01(2):

• Sexual assault of adults (certain circumstances)
• Human trafficking offenses
• Theft by a public servant or fiduciary
• Forgery
• Injury to an elderly or disabled person
• Arson

Felonies With 7-Year Limits

Under CCP Art. 12.01(3) and as updated by SB 2798 (effective September 1, 2025), these felonies carry a 7-year limitation:

• All fraud offenses under Penal Code Chapter 32 (now uniform at 7 years)
• Misapplication of fiduciary property or property of a financial institution
• Money laundering
• Credit card or debit card abuse
• Identity theft
• Exploitation of a child, elderly, or disabled person
• Bigamy
• Certain tax crimes
• Execution of document by deception

Felonies With 5-Year Limits

The following carry a 5-year limitation under CCP Art. 12.01(4):

• Theft, burglary, and robbery (not listed above)
• Insurance fraud
• Abandoning or endangering a child

Other Felonies

All other felonies not specifically listed must be prosecuted within 3 years under CCP Art. 12.01(7).

Misdemeanors

All misdemeanors must be prosecuted within 2 years from the date the crime was committed under CCP Art. 12.02.

Crimes Against Children (Extended Deadlines)

For most crimes on the 10-year list, if the victim was under 17 at the time of the offense, the limitation period is typically extended from 10 to 20 years from the victim's 18th birthday. This includes offenses like trafficking and sexual performance by a child.

Complete Criminal Statute of Limitations Table

Offense Type	Time Limit	Statute
Murder / Manslaughter	No limit	CCP Art. 12.01(1)(A)-(B)
Sexual Assault / Aggravated Sexual Assault	No limit	CCP Art. 12.01(1)(C)-(D)
Continuous Sexual Abuse of a Child	No limit	CCP Art. 12.01(1)(E)
Indecency With a Child	No limit	CCP Art. 12.01(1)(F)
Hit and Run Causing Death	No limit	CCP Art. 12.01(1)(H)
Human Trafficking / Arson / Forgery	10 years	CCP Art. 12.01(2)
Injury to Elderly or Disabled	10 years	CCP Art. 12.01(2)
All Fraud (Penal Code Ch. 32)	7 years	CCP Art. 12.01(3)
Money Laundering / Identity Theft	7 years	CCP Art. 12.01(3)
Credit/Debit Card Abuse / Bigamy	7 years	CCP Art. 12.01(3)
Theft / Burglary / Robbery	5 years	CCP Art. 12.01(4)
Insurance Fraud	5 years	CCP Art. 12.01(4)
Abandoning/Endangering a Child	5 years	CCP Art. 12.01(4)
Other Felonies	3 years	CCP Art. 12.01(7)
All Misdemeanors	2 years	CCP Art. 12.02

Tolling and Exceptions in Texas

Several situations can pause or extend the statute of limitations in Texas.

Discovery Rule

Texas courts apply the discovery rule in limited circumstances where the nature of the injury is inherently undiscoverable and the injury itself is objectively verifiable. The statute of limitations does not begin to run until the plaintiff knew or should have known about the injury. This rule commonly applies in fraud, latent defect, and certain toxic exposure cases.

Tolling for Minors and Persons With Disabilities

Under CPRC §16.001, the statute of limitations is tolled for persons under a "legal disability" at the time the cause of action accrues. This includes:

• Minors (under 18 years of age): The clock does not start until the person turns 18.
• Persons of unsound mind: The clock does not start until competency is restored.

A person may not "tack" one disability to another to extend the limitation period. A disability that arises after the limitations period has already started running does not pause the clock.

Defendant Absence From the State

Under CPRC §16.063, if the defendant is absent from Texas and is not amenable to service of process, the time spent outside the state does not count toward the civil statute of limitations.

For criminal cases, CCP Art. 12.05 provides that the statute does not run during any period when the accused is absent from the state or when a criminal indictment, information, or complaint is pending.

Accrual Rules for Criminal Cases

Under CCP Art. 12.01, the day the crime was committed and the day of the indictment, information, or complaint are not counted toward the limitation period.

What Happens If You Miss the Deadline

In civil cases, if you file after the statute of limitations has expired, the defendant will raise it as an affirmative defense and move to dismiss. Texas courts enforce these deadlines strictly, and dismissal is almost always permanent.

In criminal cases, if prosecutors attempt to bring charges after the deadline, the defendant can move to dismiss the indictment. The court must grant the motion unless the state can prove that a tolling exception applies.

Filing an insurance claim or negotiating a settlement does not pause the statute of limitations. The clock continues to run during these activities.

Recent Changes to Texas Statute of Limitations

SB 2798 (Effective September 1, 2025): This legislation established a uniform 7-year statute of limitations for all fraud offenses under Chapter 32 of the Texas Penal Code. Previously, some fraud offenses had shorter 3-to-5-year windows. The change ensures consistent treatment of fraud crimes across the board.

HB 1769 (Effective September 1, 2023): This bill extended the statute of limitations for certain offenses committed against children. It broadened the categories of offenses against minors that carry no limitations period and extended the deadline for trafficking-related offenses to 20 years from the victim's 18th birthday.

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