"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in a car accident, but in other states you may have two years. As general rule:
- The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
- Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
Below are the statutes of limitations in Texas for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at any time, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.
Civil
Note: Most of the civil statutes of limitations are in Title 2, Subtitle B, Chapter 16 of the Texas Civil Practice and Remedies Code (Tex. Civ. Prac. & Rem. Code). You need to scroll through the page provided to see the code sections noted below. Also, you can scroll through the laws in this Chapter to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute |
Assault and Battery, 2 years |
Tex. Civ. Prac. & Rem. Code § 16.003(a) |
Contract (in writing, for a "debt"), 4 years |
Tex. Civ. Prac. & Rem. Code § 16.004(a)(3) |
Contract (oral or not in writing, for a debt), 4 years |
Tex. Civ. Prac. & Rem. Code § 16.004(a)(4) |
False Imprisonment, 2 years |
Tex. Civ. Prac. & Rem. Code § 16.003(a) |
Fraud, 4 years |
Tex. Civ. Prac. & Rem. Code § 16.004(a)(4) |
Enforcing Court Judgments, 10 years |
Tex. Civ. Prac. & Rem. Code § 34.001(a) |
Legal Malpractice, 2 years |
Tex. Civ. Prac. & Rem. Code § 16.003(a) |
Libel, 1 year |
Tex. Civ. Prac. & Rem. Code § 16.002(a) |
Medical Malpractice, 2 years |
Tex. Civ. Prac. & Rem. Code § 74.251(a) |
Personal Injury, 2 years |
Tex. Civ. Prac. & Rem. Code § 16.003(a) |
Product Liability, 2 or 15 years |
Tex. Civ. Prac. & Rem. Code §§ 16.003(a) and 16.012(b) |
Property Damage, 2 years |
Tex. Civ. Prac. & Rem. Code § 16.003(a) |
Slander, 1 year |
Tex. Civ. Prac. & Rem. Code § 16.002(a) |
Trespass, 2 years |
Tex. Civ. Prac. & Rem. Code § 16.003(a) |
Wrongful Death, 2 years |
Tex. Civ. Prac. & Rem. Code § 16.003(a) and (b) |
Criminal
Note: Most of the criminal statutes of limitations are in Title 1, Chapter 12 of the Texas Code of Criminal Procedure (Crim. P. Code). You need to scroll though the page provided to see the code sections noted below. Also, you can scroll through the criminal laws (found in several Chapters in the Texas Penal Code ) to find crimes not listed below, and then use Title 1, Chapter 12 to find the statutes of limitations for those crimes.
Description |
Statute |
Arson, 10 years |
Tex. Crim. P. Code § 12.01(2)(F) |
Assault, 2 or 3 years |
Tex. Crim. P. Code §§ 12.01(6) or 12.02 |
Burglary, 5 years |
Tex. Crim. P. Code § 12.01(4)(B) |
Disorderly Conduct, 2 years |
Tex. Crim. P. Code § 12.02 |
Kidnapping, 5 years |
Tex. Crim. P. Code § 12.01(4)(B) |
Manslaughter, No time limit |
Tex. Crim. P. Code § 12.01(1)(A) |
Murder, No time limit |
Tex. Crim. P. Code § 12.01(1)(A) |
Murder, capital, No time limit |
Tex. Crim. P. Code § 12.01(1)(A) |
Rape ("Sexual Assault"), No time limit |
Tex. Crim. P. Code § 12.01(1)(B) |
Receiving Stolen Property, 5 years |
Tex. Crim. P. Code § 12.01(4)(A) |
Robbery, 5 years |
Tex. Crim. P. Code § 12.01(4)(A) |
Theft, 5 years |
Tex. Crim. P. Code § 12.01(4)(A) |