Texas Civil Practice and Remedies Code 16.0045 – Limitations Period for Claims Arising From Certain Offenses
(a) A person must bring suit for personal injury not later than 30 years after the day the cause of action accrues if the injury arises as a result of conduct that violates:
(1) § 22.011(a)(2), Penal Code (sexual assault of a child);
(2) § 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child);
(3) § 21.02, Penal Code (continuous sexual abuse of young child or disabled individual);
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or Section 20A.02(a)(8), Penal Code, involving an activity described by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct with a child or disabled individual trafficked in the manner described by Section 20A.02(a)(7), Penal Code (certain sexual trafficking);
(5) § 43.05(a)(2) or (3), Penal Code (compelling prostitution by a child or disabled individual); or
(6) § 21.11, Penal Code (indecency with a child).
(b) 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) § 22.011(a)(1), Penal Code (sexual assault);
(2) § 22.021(a)(1)(A), Penal Code (aggravated sexual assault);
(3) Section 20A.02, Penal Code (trafficking of persons), other than conduct described by Subsection (a)(4); or
(4) § 43.05(a)(1), Penal Code (compelling prostitution).
Terms Used In Texas Civil Practice and Remedies Code 16.0045
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Plaintiff: The person who files the complaint in a civil lawsuit.
(c) In an action for injury resulting in death arising as a result of conduct described by Subsection (a) or (b), the cause of action accrues on the death of the injured person.
(d) A 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.