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What Is the Statute of Limitations in Texas?
A statute of limitations establishes the maximum period within which parties may initiate legal proceedings in civil or criminal cases. In Texas, this statute defines the permissible timeframe for bringing a case to trial. Failure to file within this period results in dismissal, irrespective of the available evidence.
Texas criminal and civil laws govern statutes of limitations for cases within Texas. Statutes of constraints promote fairness in legal proceedings by ensuring evidence is not lost, and trials rely on recent, credible, and reliable witness testimony.
How Long Is the Statute of Limitations in Texas?
The applicable time limit for initiating legal actions in Texas varies according to the type and severity of the case. In most instances, plaintiffs or prosecutors must file lawsuits or criminal charges within prescribed limitation periods.
The statutes of limitations for some civil cases may range from 1 year to 4 years, while those for criminal offenses may span from 2 years to indefinitely. For instance, claimants must file lawsuits for personal injury, property damage, wrongful death, and breach of oral contract within 2 years of the incident.
By comparison, criminal offenses such as burglary, identity theft, and arson have statutes of limitations of 5, 7, and 10 years. Similarly, cases such as murder, sexual assault, and indecency with a child do not have statutes of limitations.
| Offense | Limitation Period | Note |
|---|---|---|
| Class A, B, and C misdemeanors | 2 years | Texas does not extend the limitation periods for misdemeanor cases regardless of class. However, the two-year clock may toll (pause) if the accused is absent or conceals the offense |
| General Felonies | 3 years to indefinite | There is no statute of limitations for felonies such as murder, sexual assault, manslaughter, and leaving the scene of a fatal crash. |
| Civil Infractions | 1 year to 4 years | Several factors may extend the statutes of limitations for civil Infractions. In Texas, the timeframe for filing a civil lawsuit may be influenced by: The Texas Discovery Rule Mental incapacity Fraudulent Concealment The defendant's absence from Texas Minority or Legal Incapacity The specific nature of the claim |
| Civil Statutes | 1 year to 30 years | The shortest period for civil statutes in Texas is 1 year (for defamation), but typically ranges between 2 and 4 years. However, the limitation period may extend to 15 years (for product liability repose) or 30 years (for childhood sexual abuse cases). |
What Crimes Have No Statute of Limitations in Texas
Although most cases have statutes of limitations in Texas, there are some exceptions. Serious crimes do not have statutes of limitations and may be prosecuted at any time, regardless of the number of years after the offense. These crimes do not have statutes of limitations because their seriousness outweighs concerns about stale evidence or faded memories.
Texas's legal system eliminates the statute of limitations for these crimes due to:
- The severity of the harms to victims and society
- The high moral culpability of the offender
- The need to ensure justice for crimes of such magnitude.
Crimes with no statute of limitations in Texas include, but are not limited to:
- Murder
- Manslaughter
- Indecency with a child
- Human trafficking of a child for labor or sexual conduct
- Leaving the scene of a fatal accident
- Aggravated sexual assault
- Continuous sexual abuse of a young child or children.
Criminal Statute of Limitations in Texas
The criminal statute of limitations in Texas depends on the severity and type of offense. Nonetheless, the criminal justice system ensures that cases are tried while the evidence is fresh and reliable. Unless a crime falls within the category of no statute of limitations, the court will dismiss it if the limitation period expires.
Criminal statute of limitations in Texas falls into several categories, including:
- Class A, B, and C misdemeanors
- Felony
- Crimes with no statute of limitations.
Typically, the misdemeanor statute of limitations in Texas is 2 years. Within this period, prosecutors must file charges against suspects. For felonies, the statute of limitations depends on the crime, but typically ranges between 3 and 10 years. For instance, general felonies have a 3-year limitation period, while it is 5 years for burglary and 7 years for identity theft. Notwithstanding the statute of limitations, Texas will toll (pause) the limitation period if:
- The suspect leaves the state.
- The identity of the offender is unknown
- There is an indictment, or an information, filed
- The injury or crime was not discoverable at the time of the incident; under these circumstances, the limitation period starts from the time of its discovery (Texas Discovery Rule).
Crimes such as murder, manslaughter, and aggravated sexual assault do not have a statute of limitations due to their severity; prosecutors may file charges regardless of the number of years after the offenses.
The table gives some examples of criminal statute time limits in Texas.
| Offense | Statute of Limitations |
|---|---|
| Class A, B, and C misdemeanors | 2 years |
| General felonies not listed in the statute | 3 years |
| Theft Robbery Burglary Non-aggravated kidnapping Non-first-degree injury to the elderly/disabled Insurance fraud Continuous family violence | 5 years |
| Credit/debit card abuse Identity theft Medicaid fraud Bigamy Money laundering Misapplication of large amounts of fiduciary property Securing the execution of a document by deception | 7 years |
| Forgery Arson Non-DNA-linked sexual assault Theft by a public servant First-degree injury to the elderly/disabled | 10 years |
| Bigamy with a victim under 18, injury to a child | 10 years from the date the victim turns 18 |
| Sexual performance by a child Continuous trafficking of a child Compelling prostitution of a child | Twenty years from the date the victim turns 18. |
Is There a Statute of Limitations on Attempted Murder?
How long someone may be charged for attempted murder in Texas depends on the aggravating factors. Typically, Texas classifies attempted murder as a first-degree felony. Article 12.01(1) of the Texas Code of Criminal Procedure does not explicitly state a statute of limitations for attempted murder. In most cases, the statute of limitations for attempted murder in Texas is 3 years (if the crime is not tied to a no-limit crime). However, aggravating factors such as capital offense or terrorism-related crime may elevate the statute of limitations for attempted murder in Texas to those of no-limit crimes that are without statute of limitations.
Statute of Limitations on Sexual Assault in Texas
The timeframe for filing sexual abuse claims in Texas may depend on:
- The age of the victim at the time of the incident
- The time and severity of the crime
- Time of discovery of the crime
- Existence of DNA or physical evidence
- Absence of the suspect from Texas.
According to Chapter 12, Title 1 of the Texas Code of Criminal Procedures, the statute of limitations for sexual assault against adults in Texas is 10 years. Notwithstanding, there is no limitation period if:
- DNA evidence was collected, but has not yet been tested
- The suspect commits a similar offense against five or more victims
- There is an extension of the time limits by legislative changes (for instance, the 2019 expansion of the no statute of limitations rule to include sexual assault when DNA or multiple victims are involved).
For child victims (individuals under 17 years at the time of the offense), there is no rape reporting deadline in Texas for:
- Sexual assault
- Aggravated sexual assault
- Continuous sexual abuse
- Indecency.
Other sex crimes against minors have a 20-year limitation window from the date of the victim's 18th birthday.
However, individuals who seek to file civil sexual abuse claims in Texas for crimes such as sexual performance by a child, burglary with intent to sexually assault a child, and aggravated kidnapping with sexual intent have a 30-year statute of limitations from the date of their 18th birthday.
Civil Statute of Limitations in Texas
The civil statute of limitations in Texas outlines the legal deadlines for filing civil lawsuits. How long you have to sue in Texas depends on the claim type, and missing these time limits will result in case dismissal, regardless of the strength of the evidence. After dismissal, the plaintiff may no longer present the case before the court.
Understanding civil lawsuit deadlines in Texas is crucial for protecting fundamental rights. According to the Texas Civil Practice and Remedies Code, the following civil statute of limitations apply in the state.
| Claim Type | Statute of Limitations | Section (§) of the Texas Civil Practice and Remedies Code |
|---|---|---|
| Personal Injury | 2 years from the date of the incident | § 16.003(a) |
| Property Damage | 2 years from the date of loss | § 16.003(a) |
| Defamation | 1 year from the date of the statement | § 16.002(a) |
| Breach of contract (written or oral) | 4 years from the date of the breach | § 16.004(a)(3) |
| Fraud | 4 years, but extendable by the discovery rule | § 16.004(a)(4) |
| Enforcing a Written Debt Agreement | 4 years from default | § 16.004 |
| Medical Malpractice | 2 years from the incident (with specific exemptions for minors or late discovery) | § 74.251. |
Statute of Limitations for Medical Malpractice in Texas
Texas's medical malpractice statute sets the timeline for how long patients have to file lawsuits against their healthcare providers. Section 74.251 of the Texas Civil Practice & Remedies Code stipulates a 2-year standard deadline from the date of the alleged incident as the malpractice claim deadline in Texas. If the malpractice occurred over a treatment period, the statute of limitations begins from the last date of treatment.
The Discover Rule has limited influence on medical malpractice statute of limitations in Texas. However, it may apply in rare cases where an injury is not discoverable within the two-year limit. Notwithstanding, there is an absolute 10-year statute of repose for medical malpractice in Texas. Outside this window period, a patient cannot file a lawsuit for medical malpractice regardless of the discovery date.
For patients under the age of 12 at the time of the malpractices, their parents have until their 14th birthday to file lawsuits.
In Texas, the law requires a plaintiff to provide the healthcare provider with a written notice 60 days before filing for medical malpractice. The notice should include a completed authorization form allowing the release of relevant medical records.
The table outlines common medical malpractice cases in Texas.
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia Errors | Administering excessive anesthesia and failing to monitor Vital signs during a surgical procedure |
| Birth Injuries | Delaying or omitting a Vital C-section, resulting in injury to a baby or the mother |
| Medication Errors | Prescribing the wrong drug or incorrect dosages |
| Misdiagnosis/Delayed Diagnosis | Failure to accurately diagnose an illness despite apparent symptoms and test results |
| Surgical Errors | Operating on the wrong part of the body or leaving a foreign object inside the patient during surgery. |
Statute of Limitations for Debt in Texas
The debt statute of limitations in Texas outlines how long creditors have to take someone to court over unpaid debts in Texas. Per § 16.004 of the Texas Civil Practice & Remedies Code, how long a debt may be collected in Texas depends on:
- The type of debt
- The date of the last payment or default
- Payments or acknowledgment of debt.
Typically, the general rule is a 4-year debt statute of limitations in Texas. These include unpaid credit card debt in Texas, auto loans, personal loans, and medical bills.
Although a creditor has 4 years from the date of the last missed payment to legally collect a debt in Texas, under the federal Fair Credit Report Act, the information stays on the debtor's credit reports for 7 years from the date of the first delinquency.
In Texas, making payments, entering a payment plan, or acknowledging a debt in writing may revive (reset) the 4-year statute of limitations clock, presenting the creditor with a new window of opportunity to sue for debt recovery.
The table outlines the statute of limitations for various debts in Texas and their applicable terms.
| Type of Debt | Statute of Limitations | Notes |
|---|---|---|
| Credit Card Debt | 4 years | The limitation period begins from the date of the last payment or default |
| Auto Loan | 4 years | The timeframe applies to both repossessed vehicles and outstanding loan balances |
| Personal Loan | 4 years | This includes private and bank loans |
| Medical Bills | 4 years | Hospitals and healthcare providers must file lawsuits within the limitation window |
| Written Contracts | 4 years | This encompasses promissory notes and formal loan agreements |
| Oral Contract | 4 years | Without documentation, proving this in court may be challenging. |
Statute of Limitations for Child Abuse and Child Support in Texas
Child abuse is a serious crime in Texas. Under Texas laws, some child abuse offenses do not have statutes of limitations. For instance, victims may sue at any time for criminal offenses relating to:
- Sexual assault of a child
- Aggravated sexual assault of a child
- Continuous sexual abuse of a child
- Indecency with a child
- Sexual performance by a child
- Aggravated kidnapping with a sexual intent.
For civil cases, the following timelines apply to child abuse statutes of limitations in Texas:
- Victim against perpetrator - Not later than 30 years after the victim attains the age of 18
- Victim against non-perpetrator - 4 years after the victim's 18th birthday or discovery if the abuse was not discovered at the time of the incident.
In Texas, the court retains the authority to enforce a child support order for two years after the child turns 18, or until the obligation otherwise ends. The state does not impose a statute of limitations on unpaid child support, meaning the obligor must continue making payments until all arrears are fully paid.
In Texas, an obligee seeking a cumulative money judgment for past-due child support must file a motion with the court within 10 years after the child reaches adulthood.
Child support enforcement in Texas may be through the Office of the Attorney General (OAG) – Child Support Division or the District Court. Payment enforcement tools include:
- Wage garnishment
- Interception of payments such as federal and state tax refunds, lottery winnings, and other government or settlement payments
- Placing liens on the defaulter’s assets
- Suspension of driver's license, professional license, and hunting/fishing permits
- Passport restriction
- Fines and jail time for contempt of court.
In addition, the Bradley Amendment reinforces child support enforcement in Texas. Under this federal law, past-due child support automatically becomes a perpetual lien on the obligor.