United States · Texas statutory limitations
When must relief from a covered Texas street or road closure be sought?
Section 16.005 requires suit for relief from its specified street, alley, road or thoroughfare closure within two years after accrual. Subsection (b) makes passage of the ordinance or adoption of the order the event. State highways are excluded from subsection (a). Physical closure or later discovery is not the stated trigger.
- Period
- 2 calendar years after the independently established statutory event
- Trigger
- Passage of the covered ordinance or adoption of the covered order
- Rule
- Texas CPRC 16.005
Current official consolidated Chapter 16 text retrieved October 5, 2026
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Which event starts this limitation?
Obtain the actual ordinance or order and establish the governing body and covered street, alley, road or thoroughfare.
Establish the date the ordinance was passed or the order adopted, as subsection (b) provides.
Check the state-highway exclusion and the consequences in subsection (c). A date calculation does not decide title.
Texas CPRC 16.005How is the ordinary year period counted?
- Obtain the actual ordinance or order and establish the governing body and covered street, alley, road or thoroughfare.
- Establish that the scoped statutory branch governs and that no suspension or different limitation applies.
- Add 2 calendar years to the verified event.
- 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 311.014What does an independently checked example show?
Fictitious example
Fictitious facts. Passage of the covered ordinance or adoption of the covered order is independently established as July 6, 2025. This ordinary branch governs. No suspension, extension, competing limitation or protected governmental right applies.
| Step | What is counted | Date |
|---|---|---|
| Event | Passage of the covered ordinance or adoption of the covered order | July 6, 2025 |
| Anniversary | 2 calendar years | 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 calculatorWhich facts change the ordinary calculation?
- State highway excluded
- Both subsection (a) branches expressly exclude a state highway. Do not use this local-road calculation for that different procedure.
- Attempted closure also named
- Subsection (a) covers the specified acts attempting to close and abandon, as well as closing and abandoning. Establish the actual governmental act.
- Title and rescission consequence
- Subsection (c) states its title and governmental rescission consequences when suit is not brought within the period. This tool does not establish possession or decide those consequences.
- 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.
- 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 physical closure start the two years?
Subsection (b) uses passage of the ordinance or adoption of the order.
Texas CPRC 16.005(b)Does this provision cover a state highway?
Subsection (a) expressly excludes state highways from its two branches.
Texas CPRC 16.005(a)Does the calculator establish who owns the abandoned land?
No. Subsection (c) has separate possession and title consequences. The calculator does not determine those facts.
Texas CPRC 16.005(c)Official sources and review
Provisions used (16)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.005 | The covered action, actor, event and fixed ordinary period |
| Texas CPRC 16.005(a) | State highway excluded |
| Texas CPRC 16.005(a) | Attempted closure also named |
| Texas CPRC 16.005(c) | Title and rescission consequence |
| Texas CPRC 16.001 | Disability when the cause accrues |
| Texas CPRC 16.062 | Death during an existing clock |
| Texas CPRC 16.063 | Absence from Texas |
| Texas CPRC 16.064 | Prior action dismissed for lack of jurisdiction |
| Texas Government Code 311.005(12) and 311.014 | Calendar units and statutory computation |
| Texas Government Code 311.005(12) | The statutory year is twelve consecutive months |
| Texas CPRC 16.072 | Statutory suit-filing period on a closed final day |
| Texas Government Code 662.003 and 662.021 | Distinguish the statutory holiday definitions from optional employee holidays |
| Texas Civil Rule 4 | Event exclusion, inclusion of the final day and legal holidays |
| Texas Civil Rule 5 | Scope 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 22 | Commencing district or county court suit by filing the petition |