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§ 103.003.Limitation on Time to File

Title 5. Governmental Liability · Chapter 103. Compensation to Persons Wrongfully Imprisoned · Subchapter A. Eligibility; Notice of Eligibility · Last amended 2011 · Last verified August 29, 2026

In one sentenceSection 103.003 gives a claimant three years from the pardon, the grant of habeas relief, or the signing of the dismissal order to file an application with the comptroller.

Full Text of § 103.003

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A person seeking compensation under this chapter must file an application with the comptroller for compensation under Subchapter B not later than the third anniversary of the date:
(1)the person on whose imprisonment the claim is based received a pardon as provided by Section 103.001(a)(2)(A);
(2)the person's application for a writ of habeas corpus was granted as provided by Section 103.001(a)(2)(B); or
(3)an order of dismissal described by Section 103.001(a)(2)(C) was signed.
End

Plain-English Summary

One deadline governs the whole chapter, and it runs from the document that made the person eligible.

The application must reach the comptroller no later than the third anniversary of the triggering date. The filing is with the comptroller under Subchapter B, not with a court.

For a pardon, the clock starts on the date the pardon was received.

For habeas relief, it starts on the date the application for the writ was granted.

For the dismissal route, it starts on the date the dismissal order was signed — signature, not entry, and not the date the motion was filed.

The three dates track the three routes in Section 103.001(a)(2), so a claimant who knows which route applies knows which date to count from. Each is a date on a document, which is what makes the deadline countable without a hearing.

Nothing here waits on the conviction being cleared in every record. The clock runs from the pardon, the grant, or the signature, whether or not the paperwork has caught up elsewhere.

Three years is short for someone rebuilding a life, which is part of why Section 103.002 puts a notice duty on the prison system and points the person toward groups that file these claims.

The same dates do double duty elsewhere. Section 103.054 measures its own seven-year window for tuition from the relevant date described here, so the date that starts the filing clock also starts the longer education clock.

Frequently Asked Questions

How long does a claimant have to file?

Three years from the pardon, the grant of habeas relief, or the signing of the dismissal order, depending on which route made the person eligible.

Where is the application filed?

With the comptroller, under Subchapter B of this chapter.

Which date starts the clock on the dismissal route?

The date the district court signed the order of dismissal.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.
  • Amended by:
  • Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 3, eff. September 1, 2009.
  • Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 4, eff. June 17, 2011.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source