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United States · Texas statutory limitations

When must a suit to set aside a Texas Subchapter E tax seizure sale be brought?

Section 16.002(b) requires a suit to set aside a sale of property seized under Tax Code Chapter 33, Subchapter E within one year after the property is sold. Use the actual sale date and establish that seizure procedure. Seizure, notice, deed recording and another tax-sale procedure are not interchangeable triggers.

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Period
1 calendar year after the independently established statutory event
Trigger
The actual sale of the property seized under Tax Code Chapter 33, Subchapter E
Rule
Texas CPRC 16.002(b)
Texas Civil Practice and Remedies Code, Chapter 16

Current official consolidated Chapter 16 text retrieved October 5, 2026

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Which event starts this limitation?

Obtain the seizure and sale records and identify Tax Code Chapter 33, Subchapter E as the actual procedure.

Preserve the date the property was actually sold, rather than an earlier seizure or later recording.

Identify the suit to set aside that sale and check any applicable suspension or protected government right.

Texas CPRC 16.002(b)

How is the ordinary year period counted?

  1. Obtain the seizure and sale records and identify Tax Code Chapter 33, Subchapter E as the actual procedure.
  2. Establish that the scoped statutory branch governs and that no suspension or different limitation applies.
  3. Add 1 calendar years to the verified event.
  4. Check the final day, actual county opening and applicable filing boundary.

A statutory year is twelve consecutive months under Government Code 311.005(12). Section 311.014(c) uses the corresponding numerical day in the concluding month, or that month’s last day if no corresponding day exists. Count calendar years, not 365 days per year. Establish the statutory event before using its anniversary.

CPRC 16.072 extends its statutory suit-filing period when the final day is a Saturday, Sunday or holiday to the next day county offices are open for business. Rule 4 and Government Code 311.014 also address final weekends and legal holidays. The calculator applies the encoded Texas calendar for 2026 through 2028. Establish the actual county calendar, governing holiday treatment and any additional closure separately. A state employee’s optional day off does not itself establish a court closure.

Texas Government Code 311.014

What does an independently checked example show?

Fictitious example

Fictitious facts. The actual sale of the property seized under Tax Code Chapter 33, Subchapter E is independently established as July 6, 2026. This ordinary branch governs. No suspension, extension, competing limitation or protected governmental right applies.

Example counting steps
StepWhat is countedDate
EventThe actual sale of the property seized under Tax Code Chapter 33, Subchapter EJuly 6, 2026
Anniversary1 calendar yearJuly 6, 2027
Example resultTuesday, July 6, 2027

Fictitious dates. The event and statutory branch are independently established. No suspension, competing limitation or additional closure applies. For the separate weekend fixture, county offices are expressly assumed open July 12, 2027. This is not a verified calendar for every county.

Try these dates in the calculator

Which facts change the ordinary calculation?

Seizure route must match
Section 16.002(b) expressly identifies Subchapter E of Tax Code Chapter 33. It is not a universal limitation for every tax sale or every challenge to tax collection.
Disability when the cause accrues
Section 16.001 excludes the time of a qualifying minority or unsound-mind disability existing at accrual. A later disability does not suspend the clock, and disabilities cannot be tacked. This calculator assumes no qualifying disability and does not classify the facts.
Death during an existing clock
Section 16.062 can suspend an existing limitation for up to twelve months, with an earlier restart when an executor or administrator qualifies. A death date alone does not supply the claim’s remaining time.
Absence from Texas
Section 16.063 states a suspension during the absence of the person against whom the cause may be maintained. This calculator assumes no applicable suspension. The statutory text alone does not settle judicial restrictions or constitutional application to a particular defendant.
Prior action dismissed for lack of jurisdiction
Section 16.064 conditionally suspends limitations between filings when the same action is commenced in a proper court within sixty days after final disposition. Intentional disregard of jurisdiction is excluded. The calculator does not determine that suspension.
Specified governmental rights
Section 16.061 protects its listed state and political-subdivision rights against the provisions it names. Do not apply this ordinary claimant calculation to such a protected right.
Texas CPRC 16.002(b)
  • The calculator does not decide accrual, constructive discovery, claim classification or a disputed suspension.
  • A request for more time is not a statutory extension. Rule 5 concerns its stated rule, notice or order periods; it does not establish general relief from a statute of limitations.
  • Rule 21(f)(6) permits seeking appropriate relief after a technical failure. Its required reasonable extension concerns deadlines imposed by the rules. Do not assume it automatically revives this statutory limitation.

What should be checked before filing?

Common questions

This action and its statutory event

Does the seizure date start this year?

The stated event in section 16.002(b) is the date the property is sold. Establish seizure and sale separately.

Texas CPRC 16.002(b)

Can I use this for every Texas tax sale?

No. The text specifies property seized under Tax Code Chapter 33, Subchapter E. Identify the actual sale procedure.

Texas CPRC 16.002(b)

Does calculating the year prove that the sale can be set aside?

No. Section 16.002(b) states a suit limitation. The calculation does not decide the merits or a separate statutory restriction.

Texas CPRC 16.002(b)

Official sources and review

Provisions used (18)
Provisions used in this guide
ProvisionPurpose
Texas CPRC 16.002(b)The covered action, actor, event and fixed ordinary period
Texas CPRC 16.002(b)Seizure route must match
Texas CPRC 16.001Disability when the cause accrues
Texas CPRC 16.062Death during an existing clock
Texas CPRC 16.063Absence from Texas
Texas CPRC 16.064Prior action dismissed for lack of jurisdiction
Texas CPRC 16.061Specified governmental rights
Texas Government Code 311.005(12) and 311.014Calendar units and statutory computation
Texas Government Code 311.005(12)The statutory year is twelve consecutive months
Texas CPRC 16.072Statutory suit-filing period on a closed final day
Texas Government Code 662.003 and 662.021Distinguish the statutory holiday definitions from optional employee holidays
Texas Civil Rule 4Event exclusion, inclusion of the final day and legal holidays
Texas Civil Rule 5Scope of court enlargement, distinguished from statutory limitation relief
Texas Civil Rule 21(f)(5) and (6)Electronic filing boundary and technical failure provisions
Texas Civil Rule 22Commencing district or county court suit by filing the petition
Texas Tax Code Chapter 33, Subchapter EIdentify the specified real-property seizure procedure, separately from other tax-sale routes
Texas Tax Code 33.91(b) and 33.911(b)Separate determination-error restrictions from the limitation
Texas Tax Code 33.95Purchaser protection, the suit limitation and redemption
Read the official Texas Chapter 16 text

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