CIVIL PRACTICE & REMEDIES CODE
CHAPTER 16. LIMITATIONS
SUBCHAPTER A. LIMITATIONS OF PERSONAL ACTIONS
§ 16.001. EFFECT OF DISABILITY. (a) For the purposes
of this subchapter, a person is under a legal disability if the
person is:
(1) younger than 18 years of age, regardless of
whether the person is married; or
(2) of unsound mind.
(b) If a person entitled to bring a personal action is under
a legal disability when the cause of action accrues, the time of the
disability is not included in a limitations period.
(c) A person may not tack one legal disability to another to
extend a limitations period.
(d) A disability that arises after a limitations period
starts does not suspend the running of the period.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 1049, § 56, eff. Sept. 1, 1987.
§ 16.002. ONE-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit for malicious prosecution, libel, slander, or
breach of promise of marriage not later than one year after the day
the cause of action accrues.
(b) A person must bring suit to set aside a sale of property
seized under Subchapter E, Chapter 33, Tax Code, not later than one
year after the date the property is sold.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 1017, § 3, eff. Aug. 28, 1995.
§ 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as
provided by Sections 16.010 and 16.0045, a person must bring suit
for trespass for injury to the estate or to the property of another,
conversion of personal property, taking or detaining the personal
property of another, personal injury, forcible entry and detainer,
and forcible detainer not later than two years after the day the
cause of action accrues.
(b) A person must bring suit not later than two years after
the day the cause of action accrues in an action for injury
resulting in death. The cause of action accrues on the death of the
injured person.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 739, § 2, eff. June 15, 1995; Acts
1997, 75th Leg., ch. 26, § 2, eff. May 1, 1997.
§ 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit on the following actions not later than four years
after the day the cause of action accrues:
(1) specific performance of a contract for the
conveyance of real property;
(2) penalty or damages on the penal clause of a bond to
convey real property;
(3) debt;
(4) fraud; or
(5) breach of fiduciary duty.
(b) A person must bring suit on the bond of an executor,
administrator, or guardian not later than four years after the day
of the death, resignation, removal, or discharge of the executor,
administrator, or guardian.
(c) A person must bring suit against his partner for a
settlement of partnership accounts, and must bring an action on an
open or stated account, or on a mutual and current account
concerning the trade of merchandise between merchants or their
agents or factors, not later than four years after the day that the
cause of action accrues. For purposes of this subsection, the cause
of action accrues on the day that the dealings in which the parties
were interested together cease.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 950, § 1, eff. Aug. 30, 1999.
§ 16.0045. FIVE-YEAR LIMITATIONS PERIOD. (a) 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, Penal Code (sexual assault); or
(2) Section 22.021, Penal Code (aggravated sexual
assault).
(b) In an action for injury resulting in death arising as a
result of conduct described by Subsection (a), the cause of action
accrues on the death of the injured person.
(c) The 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, § 1, eff. June 15, 1995.
§ 16.005. ACTION FOR CLOSING STREET OR ROAD. (a) A
person must bring suit for any relief from the following acts not
later than two years after the day the cause of action accrues:
(1) the passage by a governing body of an incorporated
city or town of an ordinance closing and abandoning, or attempting
to close and abandon, all or any part of a public street or alley in
the city or town, other than a state highway; or
(2) the adoption by a commissioners court of an order
closing and abandoning, or attempting to close and abandon, all or
any part of a public road or thoroughfare in the county, other than
a state highway.
(b) The cause of action accrues when the order or ordinance
is passed or adopted.
(c) If suit is not brought within the period provided by
this section, the person in possession of the real property
receives complete title to the property by limitations and the
right of the city or county to revoke or rescind the order or
ordinance is barred.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.006. CARRIERS OF PROPERTY. (a) A carrier of
property for compensation or hire must bring suit for the recovery
of charges not later than three years after the day on which the
cause of action accrues.
(b) Except as provided by Subsections (c) and (d), a person
must bring suit for overcharges against a carrier of property for
compensation or hire not later than three years after the cause of
action accrues.
(c) If the person has presented a written claim for the
overcharges within the three-year period, the limitations period is
extended for six months from the date written notice is given by the
carrier to the claimant of disallowance of the claim in whole or in
part, as specified in the carrier's notice.
(d) If on or before the expiration of the three-year period,
the carrier brings an action under Subsection (a) to recover
charges relating to the service or, without beginning an action,
collects charges relating to that service, the limitations period
is extended for 90 days from the day on which the action is begun or
the charges are collected.
(e) A cause of action regarding a shipment of property
accrues on the delivery or tender of the property by the carrier.
(f) In this section, 'overcharge' means a charge for
transportation services in excess of the lawfully applicable
amount.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.007. RETURN OF EXECUTION. A person must bring suit
against a sheriff or other officer or the surety of the sheriff or
officer for failure to return an execution issued in the person's
favor, not later than five years after the date on which the
execution was returnable.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.008. ARCHITECTS, ENGINEERS, INTERIOR DESIGNERS,
AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR
INSPECTION OF CONSTRUCTION OF IMPROVEMENTS. (a) A person must
bring suit for damages for a claim listed in Subsection (b) against
a registered or licensed architect, engineer, interior designer, or
landscape architect in this state, who designs, plans, or inspects
the construction of an improvement to real property or equipment
attached to real property, not later than 10 years after the
substantial completion of the improvement or the beginning of
operation of the equipment in an action arising out of a defective
or unsafe condition of the real property, the improvement, or the
equipment.
(b) This section applies to suit for:
(1) injury, damage, or loss to real or personal
property;
(2) personal injury;
(3) wrongful death;
(4) contribution; or
(5) indemnity.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the architect, engineer, interior
designer, or landscape architect within the 10-year limitations
period, the period is extended for two years from the day the claim
is presented.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 860, § 1, eff. Sept. 1, 1997.
§ 16.009. PERSONS FURNISHING CONSTRUCTION OR REPAIR OF
IMPROVEMENTS. (a) A claimant must bring suit for damages for a
claim listed in Subsection (b) against a person who constructs or
repairs an improvement to real property not later than 10 years
after the substantial completion of the improvement in an action
arising out of a defective or unsafe condition of the real property
or a deficiency in the construction or repair of the improvement.
(b) This section applies to suit for:
(1) injury, damage, or loss to real or personal
property;
(2) personal injury;
(3) wrongful death;
(4) contribution; or
(5) indemnity.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the person performing or furnishing
the construction or repair work during the 10-year limitations
period, the period is extended for two years from the date the claim
is presented.
(d) If the damage, injury, or death occurs during the 10th
year of the limitations period, the claimant may bring suit not
later than two years after the day the cause of action accrues.
(e) This section does not bar an action:
(1) on a written warranty, guaranty, or other contract
that expressly provides for a longer effective period;
(2) against a person in actual possession or control
of the real property at the time that the damage, injury, or death
occurs; or
(3) based on wilful misconduct or fraudulent
concealment in connection with the performance of the construction
or repair.
(f) This section does not extend or affect a period
prescribed for bringing an action under any other law of this state.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.010. MISAPPROPRIATION OF TRADE SECRETS. (a) A
person must bring suit for misappropriation of trade secrets not
later than three years after the misappropriation is discovered or
by the exercise of reasonable diligence should have been
discovered.
(b) A misappropriation of trade secrets that continues over
time is a single cause of action and the limitations period
described by Subsection (a) begins running without regard to
whether the misappropriation is a single or continuing act.
Added by Acts 1997, 75th Leg., ch. 26, § 1, eff. May 1, 1997.
§ 16.011. SURVEYORS. (a) A person must bring suit for
damages arising from an injury or loss caused by an error in a
survey conducted by a registered public surveyor or a licensed
state land surveyor:
(1) not later than 10 years after the date the survey
is completed if the survey is completed on or after September 1,
1989; or
(2) not later than September 1, 1991, or 10 years after
the date the survey was completed, whichever is later, if the survey
was completed before September 1, 1989.
(b) If the claimant presents a written claim for damages to
the surveyor during the 10-year limitations period, the period is
extended for two years from the date the claim is presented.
(c) This section is a statute of repose and is independent
of any other limitations period.
Added by Acts 1989, 71st Leg., ch. 1233, § 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 1173, § 1, eff. Sept. 1,
2001.
§ 16.012. PRODUCTS LIABILITY. (a) In this section:
(1) 'Claimant,' 'seller,' and 'manufacturer' have the
meanings assigned by Section 82.001.
(2) 'Products liability action' means any action
against a manufacturer or seller for recovery of damages or other
relief for harm allegedly caused by a defective product, whether
the action is based in strict tort liability, strict products
liability, negligence, misrepresentation, breach of express or
implied warranty, or any other theory or combination of theories,
and whether the relief sought is recovery of damages or any other
legal or equitable relief, including a suit for:
(A) injury or damage to or loss of real or
personal property;
(B) personal injury;
(C) wrongful death;
(D) economic loss; or
(E) declaratory, injunctive, or other equitable
relief.
(b) Except as provided by Subsections (c), (d), and (d-1), a
claimant must commence a products liability action against a
manufacturer or seller of a product before the end of 15 years after
the date of the sale of the product by the defendant.
(c) If a manufacturer or seller expressly warrants in
writing that the product has a useful safe life of longer than 15
years, a claimant must commence a products liability action against
that manufacturer or seller of the product before the end of the
number of years warranted after the date of the sale of the product
by that seller.
(d) This section does not apply to a products liability
action seeking damages for personal injury or wrongful death in
which the claimant alleges:
(1) the claimant was exposed to the product that is the
subject of the action before the end of 15 years after the date the
product was first sold;
(2) the claimant's exposure to the product caused the
claimant's disease that is the basis of the action; and
(3) the symptoms of the claimant's disease did not,
before the end of 15 years after the date of the first sale of the
product by the defendant, manifest themselves to a degree and for a
duration that would put a reasonable person on notice that the
person suffered some injury.
(d-1) This section does not reduce a limitations period for
a cause of action described by Subsection (d) that accrues before
the end of the limitations period under this section.
(e) This section does not extend the limitations period
within which a products liability action involving the product may
be commenced under any other law.
(f) This section applies only to the sale and not to the
lease of a product.
(g) This section does not apply to any claim to which the
General Aviation Revitalization Act of 1994 (Pub. L. No. 103-298,
108 Stat. 1552 ( 1994), reprinted in note, 49 U.S.C. Section 40101)
or its exceptions are applicable.
Added by Acts 1993, 73rd Leg., ch. 5, § 2, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 204, § 5.01, eff. Sept. 1,
2003.
SUBCHAPTER B. LIMITATIONS OF REAL PROPERTY ACTIONS
§ 16.021. DEFINITIONS. In this subchapter:
(1) 'Adverse possession' means an actual and visible
appropriation of real property, commenced and continued under a
claim of right that is inconsistent with and is hostile to the claim
of another person.
(2) 'Color of title' means a consecutive chain of
transfers to the person in possession that:
(A) is not regular because of a muniment that is
not properly recorded or is only in writing or because of a similar
defect that does not want of intrinsic fairness or honesty; or
(B) is based on a certificate of headright, land
warrant, or land scrip.
(3) 'Peaceable possession' means possession of real
property that is continuous and is not interrupted by an adverse
suit to recover the property.
(4) 'Title' means a regular chain of transfers of real
property from or under the sovereignty of the soil.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.022. EFFECT OF DISABILITY. (a) For the purposes
of this subchapter, a person is under a legal disability if the
person is:
(1) younger than 18 years of age, regardless of
whether the person is married;
(2) of unsound mind; or
(3) serving in the United States Armed Forces during
time of war.
(b) If a person entitled to sue for the recovery of real
property or entitled to make a defense based on the title to real
property is under a legal disability at the time title to the
property vests or adverse possession commences, the time of the
disability is not included in a limitations period.
(c) Except as provided by Sections 16.027 and 16.028, after
the termination of the legal disability, a person has the same time
to present a claim that is allowed to others under this chapter.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 1049, § 57, eff. Sept. 1, 1987.
§ 16.023. TACKING OF SUCCESSIVE INTERESTS. To satisfy a
limitations period, peaceable and adverse possession does not need
to continue in the same person, but there must be privity of estate
between each holder and his successor.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS
PERIOD. A person must bring suit to recover real property held by
another in peaceable and adverse possession under title or color of
title not later than three years after the day the cause of action
accrues.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS
PERIOD. (a) A person must bring suit not later than five years
after the day the cause of action accrues to recover real property
held in peaceable and adverse possession by another who:
(1) cultivates, uses, or enjoys the property;
(2) pays applicable taxes on the property; and
(3) claims the property under a duly registered deed.
(b) This section does not apply to a claim based on a forged
deed or a deed executed under a forged power of attorney.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.026. ADVERSE POSSESSION: 10-YEAR LIMITATIONS
PERIOD. (a) A person must bring suit not later than 10 years
after the day the cause of action accrues to recover real property
held in peaceable and adverse possession by another who cultivates,
uses, or enjoys the property.
(b) Without a title instrument, peaceable and adverse
possession is limited in this section to 160 acres, including
improvements, unless the number of acres actually enclosed exceeds
160. If the number of enclosed acres exceeds 160 acres, peaceable
and adverse possession extends to the real property actually
enclosed.
(c) Peaceable possession of real property held under a duly
registered deed or other memorandum of title that fixes the
boundaries of the possessor's claim extends to the boundaries
specified in the instrument.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 764, § 1, eff. Sept. 1, 1989.
§ 16.027. ADVERSE POSSESSION: 25-YEAR LIMITATIONS
PERIOD NOTWITHSTANDING DISABILITY. A person, regardless of
whether the person is or has been under a legal disability, must
bring suit not later than 25 years after the day the cause of action
accrues to recover real property held in peaceable and adverse
possession by another who cultivates, uses, or enjoys the property.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.028. ADVERSE POSSESSION WITH RECORDED INSTRUMENT:
25-YEAR LIMITATIONS PERIOD. (a) A person, regardless of whether
the person is or has been under a legal disability, may not maintain
an action for the recovery of real property held for 25 years before
the commencement of the action in peaceable and adverse possession
by another who holds the property in good faith and under a deed or
other instrument purporting to convey the property that is recorded
in the deed records of the county where any part of the real
property is located.
(b) Adverse possession of any part of the real property held
under a recorded deed or other recorded instrument that purports to
convey the property extends to and includes all of the property
described in the instrument, even though the instrument is void on
its face or in fact.
(c) A person who holds real property and claims title under
this section has a good and marketable title to the property
regardless of a disability arising at any time in the adverse
claimant or a person claiming under the adverse claimant.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.029. EVIDENCE OF TITLE TO LAND BY
LIMITATIONS. (a) In a suit involving title to real property that
is not claimed by this state, it is prima facie evidence that the
title to the property has passed from the person holding apparent
record title to an opposing party if it is shown that:
(1) for one or more years during the 25 years preceding
the filing of the suit the person holding apparent record title to
the property did not exercise dominion over or pay taxes on the
property; and
(2) during that period the opposing parties and those
whose estate they own have openly exercised dominion over and have
asserted a claim to the land and have paid taxes on it annually
before becoming delinquent for as long as 25 years.
(b) This section does not affect a statute of limitations, a
right to prove title by circumstantial evidence under the case law
of this state, or a suit between a trustee and a beneficiary of the
trust.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.030. TITLE THROUGH ADVERSE POSSESSION. (a) If an
action for the recovery of real property is barred under this
chapter, the person who holds the property in peaceable and adverse
possession has full title, precluding all claims.
(b) A person may not acquire through adverse possession any
right or title to real property dedicated to public use.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.031. ENCLOSED LAND. (a) A tract of land that is
owned by one person and that is entirely surrounded by land owned,
claimed, or fenced by another is not considered enclosed by a fence
that encloses any part of the surrounding land.
(b) Possession of the interior tract by the owner or
claimant of the surrounding land is not peaceable and adverse
possession as described by Section 16.026 unless:
(1) the interior tract is separated from the
surrounding land by a fence; or
(2) at least one-tenth of the interior tract is
cultivated and used for agricultural purposes or is used for
manufacturing purposes.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.032. ADJACENT LAND. Possession of land that
belongs to another by a person owning or claiming 5,000 or more
fenced acres that adjoin the land is not peaceable and adverse as
described by Section 16.026 unless:
(1) the land is separated from the adjacent enclosed
tract by a substantial fence;
(2) at least one-tenth of the land is cultivated and
used for agricultural purposes or used for manufacturing purposes;
or
(3) there is actual possession of the land.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.033. TECHNICAL DEFECTS IN INSTRUMENT. (a) A
person with a right of action for the recovery of real property
conveyed by an instrument with one of the following defects must
bring suit not later than four years after the day the instrument
was recorded with the county clerk of the county where the real
property is located:
(1) lack of the signature of a proper corporate
officer, partner, or company officer, manager, or member;
(2) lack of a corporate seal;
(3) failure of the record to show the corporate seal
used;
(4) failure of the record to show authority of the
board of directors or stockholders of a corporation, partners of a
partnership, or officers, managers, or members of a company;
(5) execution and delivery of the instrument by a
corporation, partnership, or other company that had been dissolved,
whose charter had expired, or whose franchise had been canceled,
withdrawn, or forfeited;
(6) acknowledgment of the instrument in an individual,
rather than a representative or official, capacity;
(7) execution of the instrument by a trustee without
record of the authority of the trustee or proof of the facts recited
in the instrument;
(8) failure of the record or instrument to show an
acknowledgment or jurat that complies with applicable law; or
(9) wording of the stated consideration that may or
might create an implied lien in favor of the grantor.
(b) This section does not apply to a forged instrument.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 291, § 1, eff. Sept. 1, 1993.
§ 16.034. ATTORNEY'S FEES. (a) In a suit for the
possession of real property between a person claiming under record
title to the property and one claiming by adverse possession, if the
prevailing party recovers possession of the property from a person
unlawfully in actual possession, the court may award costs and
reasonable attorney's fees to the prevailing party.
(b) To recover attorney's fees, the person seeking
possession must give the person unlawfully in possession a written
demand for that person to vacate the premises. The demand must be
given by registered or certified mail at least 10 days before filing
the claim for recovery of possession.
(c) The demand must state that if the person unlawfully in
possession does not vacate the premises within 10 days and a claim
is filed by the person seeking possession, the court may enter a
judgment against the person unlawfully in possession for costs and
attorney's fees in an amount determined by the court to be
reasonable.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.035. LIEN ON REAL PROPERTY. (a) A person must
bring suit for the recovery of real property under a real property
lien or the foreclosure of a real property lien not later than four
years after the day the cause of action accrues.
(b) A sale of real property under a power of sale in a
mortgage or deed of trust that creates a real property lien must be
made not later than four years after the day the cause of action
accrues.
(c) The running of the statute of limitations is not
suspended against a bona fide purchaser for value, a lienholder, or
a lessee who has no notice or knowledge of the suspension of the
limitations period and who acquires an interest in the property
when a cause of action on an outstanding real property lien has
accrued for more than four years, except as provided by:
(1) Section 16.062, providing for suspension in the
event of death; or
(2) Section 16.036, providing for recorded extensions
of real property liens.
(d) On the expiration of the four-year limitations period,
the real property lien and a power of sale to enforce the real
property lien become void.
(e) If a series of notes or obligations or a note or
obligation payable in installments is secured by a real property
lien, the four-year limitations period does not begin to run until
the maturity date of the last note, obligation, or installment.
(f) The limitations period under this section is not
affected by Section 3.118, Business & Commerce Code.
(g) In this section, 'real property lien' means:
(1) a superior title retained by a vendor in a deed of
conveyance or a purchase money note; or
(2) a vendor's lien, a mortgage, a deed of trust, a
voluntary mechanic's lien, or a voluntary materialman's lien on
real estate, securing a note or other written obligation.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 219, § 1, eff. May 23, 1997.
§ 16.036. EXTENSION OF REAL PROPERTY LIEN. (a) The
party or parties primarily liable for a debt or obligation secured
by a real property lien, as that term is defined in Section 16.035,
may suspend the running of the four-year limitations period for
real property liens through a written extension agreement as
provided by this section.
(b) The limitations period is suspended and the lien remains
in effect for four years after the extended maturity date of the
debt or obligation if the extension agreement is:
(1) signed and acknowledged as provided by law for a
deed conveying real property; and
(2) filed for record in the county clerk's office of
the county where the real property is located.
(c) The parties may continue to extend the lien by entering,
acknowledging, and recording additional extension agreements.
(d) The maturity date stated in the original instrument or
in the date of the recorded renewal and extension is conclusive
evidence of the maturity date of the debt or obligation.
(e) The limitations period under this section is not
affected by Section 3.118, Business & Commerce Code.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 219, § 2, eff. May 23, 1997.
§ 16.037. EFFECT OF EXTENSION OF REAL PROPERTY LIEN ON
THIRD PARTIES. An extension agreement is void as to a bona fide
purchaser for value, a lienholder, or a lessee who deals with real
property affected by a real property lien without actual notice of
the agreement and before the agreement is acknowledged, filed, and
recorded.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 219, § 3, eff. May 23, 1997.
SUBCHAPTER C. RESIDUAL LIMITATIONS PERIOD
§ 16.051. RESIDUAL LIMITATIONS PERIOD. Every action
for which there is no express limitations period, except an action
for the recovery of real property, must be brought not later than
four years after the day the cause of action accrues.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
§ 16.061. RIGHTS NOT BARRED. (a) A right of action of
this state or a political subdivision of the state, including a
county, an incorporated city or town, a navigation district, a
municipal utility district, a port authority, an entity acting
under Chapter 54, Transportation Code, a school district, or an
entity created under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution, is not barred by any of the
following sections: 16.001-16.004, 16.006, 16.007, 16.021-16.028,
16.030-16.032, 16.035-16.037, 16.051, 16.062, 16.063,
16.065-16.067, 16.070, 16.071, 31.006, or 71.021.
(b) In this section:
(1) 'Navigation district' means a navigation district
organized under Section 52, Article III, or Section 59, Article
XVI, Texas Constitution.
(2) 'Port authority' has the meaning assigned by
Section 60.402, Water Code.
(3) 'Municipal utility district' means a municipal
utility district created under Section 52, Article III, or Section
59, Article XVI, Texas Constitution.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 4.02, eff. Aug. 28, 1989; Acts
1993, 73rd Leg., ch. 782, § 1, eff. Aug. 30, 1993; Acts 1997,
75th Leg., ch. 1070, § 47, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1420, § 8.204, eff. Sept. 1, 2001.
§ 16.062. EFFECT OF DEATH. (a) The death of a person
against whom or in whose favor there may be a cause of action
suspends the running of an applicable statute of limitations for 12
months after the death.
(b) If an executor or administrator of a decedent's estate
qualifies before the expiration of the period provided by this
section, the statute of limitations begins to run at the time of the
qualification.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.063. TEMPORARY ABSENCE FROM STATE. The absence
from this state of a person against whom a cause of action may be
maintained suspends the running of the applicable statute of
limitations for the period of the person's absence.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.064. EFFECT OF LACK OF JURISDICTION. (a) The
period between the date of filing an action in a trial court and the
date of a second filing of the same action in a different court
suspends the running of the applicable statute of limitations for
the period if:
(1) because of lack of jurisdiction in the trial court
where the action was first filed, the action is dismissed or the
judgment is set aside or annulled in a direct proceeding; and
(2) not later than the 60th day after the date the
dismissal or other disposition becomes final, the action is
commenced in a court of proper jurisdiction.
(b) This section does not apply if the adverse party has
shown in abatement that the first filing was made with intentional
disregard of proper jurisdiction.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.065. ACKNOWLEDGMENT OF CLAIM. An acknowledgment
of the justness of a claim that appears to be barred by limitations
is not admissible in evidence to defeat the law of limitations if
made after the time that the claim is due unless the acknowledgment
is in writing and is signed by the party to be charged.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.066. ACTION ON FOREIGN JUDGMENT. (a) An action on
a foreign judgment is barred in this state if the action is barred
under the laws of the jurisdiction where rendered.
(b) An action against a person who has resided in this state
for 10 years prior to the action may not be brought on a foreign
judgment rendered more than 10 years before the commencement of the
action in this state.
(c) In this section 'foreign judgment' means a judgment or
decree rendered in another state or a foreign country.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.067. CLAIM INCURRED PRIOR TO ARRIVAL IN THIS
STATE. (a) A person may not bring an action to recover a claim
against a person who has moved to this state if the claim is barred
by the law of limitations of the state or country from which the
person came.
(b) A person may not bring an action to recover money from a
person who has moved to this state and who was released from its
payment by the bankruptcy or insolvency laws of the state or country
from which the person came.
(c) A demand that is against a person who has moved to this
state and was incurred prior to his arrival in this state is not
barred by the law of limitations until the person has lived in this
state for 12 months. This subsection does not affect the
application of Subsections (a) and (b).
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.068. AMENDED AND SUPPLEMENTAL PLEADINGS. If a
filed pleading relates to a cause of action, cross action,
counterclaim, or defense that is not subject to a plea of limitation
when the pleading is filed, a subsequent amendment or supplement to
the pleading that changes the facts or grounds of liability or
defense is not subject to a plea of limitation unless the amendment
or supplement is wholly based on a new, distinct, or different
transaction or occurrence.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.069. COUNTERCLAIM OR CROSS CLAIM. (a) If a
counterclaim or cross claim arises out of the same transaction or
occurrence that is the basis of an action, a party to the action may
file the counterclaim or cross claim even though as a separate
action it would be barred by limitation on the date the party's
answer is required.
(b) The counterclaim or cross claim must be filed not later
than the 30th day after the date on which the party's answer is
required.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 16.070. CONTRACTUAL LIMITATIONS PERIOD. (a) Except
as provided by Subsection (b), a person may not enter a stipulation,
contract, or agreement that purports to limit the time in which to
bring suit on the stipulation, contract, or agreement to a period
shorter than two years. A stipulation, contract, or agreement that
establishes a limitations period that is shorter than two years is
void in this state.
(b) This section does not apply to a stipulation, contract,
or agreement relating to the sale or purchase of a business entity
if a party to the stipulation, contract, or agreement pays or
receives or is obligated to pay or entitled to receive
consideration under the stipulation, contract, or agreement having
an aggregate value of not less than $500,000.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 840, § 2, eff. Aug. 26, 1991.
§ 16.071. NOTICE REQUIREMENTS. (a) A contract
stipulation that requires a claimant to give notice of a claim for
damages as a condition precedent to the right to sue on the contract
is not valid unless the stipulation is reasonable. A stipulation
that requires notification within less than 90 days is void.
(b) If notice is required, the claimant may notify any
convenient agent of the company that requires the notice.
(c) A contract stipulation between the operator of a
railroad, street railway, or interurban railroad and an employee or
servant of the operator is void if it requires as a condition
precedent to liability:
(1) the employee or servant to notify the system of a
claim for damages for personal injury caused by negligence; or
(2) the spouse, parent, or child of a deceased
employee or servant to notify the system of a claim of death caused
by negligence.
(d) This section applies to a contract between a federal
prime contractor and a subcontractor, except that the notice period
stipulated in the subcontract may be for a period not less than the
period stipulated in the prime contract, minus seven days.
(e) In a suit covered by this section or Section 16.070, it
is presumed that any required notice has been given unless lack of
notice is specifically pleaded under oath.
(f) This section does not apply to a contract relating to
the sale or purchase of a business entity if a party to the contract
pays or receives or is obligated to pay or receive consideration
under the contract having an aggregate value of not less than
$500,000.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 840, § 3, eff. Aug. 26, 1991.
§ 16.072. SATURDAY, SUNDAY, OR HOLIDAY. If the last day
of a limitations period under any statute of limitations falls on a
Saturday, Sunday, or holiday, the period for filing suit is
extended to include the next day that the county offices are open
for business.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
