CHAPTER 16. LIMITATIONS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE B. TRIAL MATTERS
CHAPTER 16. LIMITATIONS
SUBCHAPTER A. LIMITATIONS OF PERSONAL ACTIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 56, eff. Sept. 1,
1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 1017, Sec. 3, eff. Aug. 28,
1995.
Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as
provided by Sections 16.010, 16.0031, 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 739, Sec. 2, eff. June 15,
1995; Acts 1997, 75th Leg., ch. 26, Sec. 2, eff. May 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
97, Sec. 3, eff. September 1, 2005.
Sec. 16.0031. ASBESTOS-RELATED OR SILICA-RELATED INJURIES. (a)
In an action for personal injury or death resulting from an
asbestos-related injury, as defined by Section 90.001, the cause
of action accrues for purposes of Section 16.003 on the earlier
of the following dates:
(1) the date of the exposed person's death; or
(2) the date that the claimant serves on a defendant a report
complying with Section 90.003 or 90.010(f).
(b) In an action for personal injury or death resulting from a
silica-related injury, as defined by Section 90.001, the cause of
action accrues for purposes of Section 16.003 on the earlier of
the following dates:
(1) the date of the exposed person's death; or
(2) the date that the claimant serves on a defendant a report
complying with Section 90.004 or 90.010(f).
Added by Acts 2005, 79th Leg., Ch.
97, Sec. 4, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 950, Sec. 1, eff. Aug. 30,
1999.
Sec. 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);
(2) Section 22.021, Penal Code (aggravated sexual assault); or
(3) Section 21.02, Penal Code (continuous sexual abuse of young
child or children).
(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, Sec. 1, eff. June 15,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.01, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 860, Sec. 1, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. May 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 2001, 77th Leg., ch. 1173, Sec. 1, eff.
Sept. 1, 2001.
Sec. 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, Sec. 2, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 204, Sec. 5.01, eff. Sept.
1, 2003.
SUBCHAPTER B. LIMITATIONS OF REAL PROPERTY ACTIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 57, eff. Sept. 1,
1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 764, Sec. 1, eff. Sept. 1,
1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 16.033. TECHNICAL DEFECTS IN INSTRUMENT. (a) A person
with a right of action for the recovery of real property or an
interest in real property conveyed by an instrument with one of
the following defects must bring suit not later than two years
after the day the instrument was filed for record 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.
(c) For the purposes of this section, an instrument affecting
real property containing a ministerial defect, omission, or
informality in the certificate of acknowledgment that has been
filed for record for longer than two years in the office of the
county recorder of the county in which the property is located is
considered to have been lawfully recorded and to be notice of the
existence of the instrument on and after the date the instrument
is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 291, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
819, Sec. 1, eff. June 15, 2007.
Sec. 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:
(1) shall award costs and reasonable attorney's fees to the
prevailing party if the court finds that the person unlawfully in
actual possession made a claim of adverse possession that was
groundless and made in bad faith; and
(2) may award costs and reasonable attorney's fees to the
prevailing party in the absence of a finding described by
Subdivision (1).
(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, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
901, Sec. 1, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 219, Sec. 1, eff. May 23,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 219, Sec. 2, eff. May 23,
1997.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 219, Sec. 3, eff. May 23,
1997.
SUBCHAPTER C. RESIDUAL LIMITATIONS PERIOD
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.02, eff. Aug. 28,
1989; Acts 1993, 73rd Leg., ch. 782, Sec. 1, eff. Aug. 30, 1993;
Acts 1997, 75th Leg., ch. 1070, Sec. 47, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 1420, Sec. 8.204, eff. Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 840, Sec. 2, eff. Aug. 26,
1991.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 840, Sec. 3, eff. Aug. 26,
1991.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.