United States · Texas statutory limitations
When does Texas’s eight-year government design-professional branch apply?
Section 16.008(a-1) requires the covered governmental entity’s damages suit within eight years after substantial completion or beginning operation of attached equipment. The branch excludes its specified transportation, highway-funded and civil works claims. A timely written claim has the separate one-year presentation rule. Eight years is not a universal period for every public project.
- Period
- Eight years under subsection (a-1), with its excluded projects and conditional one-year written-claim relief
- Trigger
- Applicable substantial completion or equipment-operation event after classifying the government claimant and project
- Rule
- Texas CPRC 16.008(a-1)
Current official consolidated Chapter 16 text retrieved October 5, 2026
Source guide · No automated date
Establish the complete statutory procedure
The eight-year preset cannot classify the three excluded project categories or determine timely presentation and the one-year claim branch.
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Which events matter for this statutory condition?
Establish that the claimant is the governmental entity addressed by subsection (a-1).
Review the contract, funding sources and civil works classification against all three exclusions.
Establish the actual completion or equipment-operation date and any timely written-claim presentation.
Texas CPRC 16.008(a-1)How must the complete timing condition be assessed?
- Establish that the claimant is the governmental entity addressed by subsection (a-1).
- Government Code 311.005(12) defines a year as twelve consecutive months. Section 311.014 supplies statutory computation. Select the actual statutory branch and establish every required event before applying a year count. First establish that subsection (a-1) applies. Under subsection (c)(2), a timely written claim uses one year from presentation, not the ordinary design branch’s two years.
- The eight-year preset cannot classify the three excluded project categories or determine timely presentation and the one-year claim branch.
Section 16.072 extends its statutory suit-filing period when the last day is a Saturday, Sunday or holiday to the next day county offices are open for business. Establish the actual county calendar. This guide does not determine a court filing hour or automatically apply that treatment to another act.
Texas CPRC 16.008(a-1)Why does this guide publish no calculated date?
The eight-year preset cannot classify the three excluded project categories or determine timely presentation and the one-year claim branch.
Which conditions or exclusions change the assessment?
- Excluded government projects
- The eight-year government branch excludes a Texas Department of Transportation contract, a project receiving state highway or designated federal highway or mass-transit funds, and a civil works project as defined by Government Code 2269.351. This guide identifies the statutory cross-reference without deciding that separate definition.
- One-year presentation branch
- Section 16.008(c)(2) specifies one year from presentation for a claim to which subsection (a-1) applies. The claim must first be presented during the applicable period.
- Professional and claim coverage
- Subsections (a-1) and (b) require the specified registered or licensed professional, work, condition and listed damages claim.
- This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.
What evidence should be checked before acting?
Common questions
This statutory procedure
Does a Department of Transportation contract use this eight-year branch?
Subsection (a-1)(1) expressly excludes a claim arising out of that contract.
Texas CPRC 16.008(a-1)Does a qualifying written claim grant the same two years as an ordinary design claim?
No. Subsection (c)(2) specifies one year for the government branch.
Texas CPRC 16.008(c)(2)Is equipment operation interchangeable with improvement completion?
The statute identifies the corresponding event for the improvement or attached equipment. Establish which object and event govern.
Texas CPRC 16.008(a-1)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.008(a-1) | The specific actor, required act and timing conditions |
| Texas CPRC 16.008(a-1) | Excluded government projects |
| Texas CPRC 16.008(c)(2) | One-year presentation branch |
| Texas CPRC 16.008(b) | Professional and claim coverage |
| Texas Government Code 311.005(12) | The statutory year unit, where applicable |
| Texas Government Code 311.014 | Statutory computation, where applicable |
| Texas CPRC 16.072 | The separate statutory suit-filing closed-day provision |