United States · Texas statutory limitations
Which Texas civil offense-related injury claims use five years?
Section 16.0045(b) gives five years after accrual for personal injury caused by its listed sexual assault, aggravated sexual assault, trafficking other than subsection (a)(4), or compelling prostitution conduct. Classify the exact Penal Code reference first. The death and unknown-defendant provisions remain, and a different historical edition may govern.
- Period
- Five years for the actual subsection (b) claim, accounting for applicable accrual and tolling
- Trigger
- Established accrual of the subsection (b) civil claim, with applicable death and unknown-defendant events
- Rule
- Texas CPRC 16.0045(b)
Current official consolidated Chapter 16 text retrieved October 5, 2026
Source guide · No automated date
Establish the complete statutory procedure
The isolated five-year preset cannot establish the offense exclusion, historical edition, death branch or the multiple events required for unknown-defendant tolling.
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Which events matter for this statutory condition?
Identify Penal Code 22.011(a)(1), 22.021(a)(1)(A), 20A.02 outside subsection (a)(4), or 43.05(a)(1) as the actual referenced conduct.
Establish civil accrual or the subsection (c) death event where injury results in death.
Check the applicable edition, disability and any qualifying subsection (d) Doe petition and amendment.
Texas CPRC 16.0045(b)How must the complete timing condition be assessed?
- Identify Penal Code 22.011(a)(1), 22.021(a)(1)(A), 20A.02 outside subsection (a)(4), or 43.05(a)(1) as the actual referenced conduct.
- 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. Distinguish running time from a qualifying statutory suspension rather than treating the incident date as a universal trigger.
- The isolated five-year preset cannot establish the offense exclusion, historical edition, death branch or the multiple events required for unknown-defendant tolling.
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 16.0045(b)Why does this guide publish no calculated date?
The isolated five-year preset cannot establish the offense exclusion, historical edition, death branch or the multiple events required for unknown-defendant tolling.
Which conditions or exclusions change the assessment?
- Thirty-year trafficking exclusion
- The 20A.02 reference in subsection (b)(3) excludes conduct described by subsection (a)(4). Read the exact conduct, not only the offense heading.
- Death changes accrual
- Subsection (c) expressly uses death for the covered injury-resulting-in-death action.
- Doe petition and amendment
- Subsection (d) requires its appropriate-court unknown-identity petition and Doe designation, due diligence, amendment within thirty days after identification, and resumed running at amendment.
- Qualifying disability
- Section 16.001’s qualifying disability must exist at accrual. Later disability and tacking are separately restricted. Historical application still requires the governing edition.
- 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 the word trafficking always select five years?
No. Subsection (b)(3) expressly excludes subsection (a)(4) conduct, which belongs to the thirty-year branch.
Texas CPRC 16.0045(b)(3)Is this a deadline for criminal prosecution?
No. Section 16.0045 addresses the stated civil personal-injury suit.
Texas CPRC 16.0045(b)Does filing a Doe petition resolve every later requirement?
No. Subsection (d) also requires due diligence and substitution within thirty days after identification. Running resumes at amendment.
Texas CPRC 16.0045(d)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.0045(b) | The specific actor, required act and timing conditions |
| Texas CPRC 16.0045(b)(3) | Thirty-year trafficking exclusion |
| Texas CPRC 16.0045(c) | Death changes accrual |
| Texas CPRC 16.0045(d) | Doe petition and amendment |
| Texas CPRC 16.001 | Qualifying disability |
| 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 |