§ 110.007.One-Year Limitations Period

A limitations provision, and it is drawn to work with the notice requirement.

A person must bring an action to assert a claim for damages not later than one year after the date the person knew or should have known of the substantial burden.

One year is short, against the two years most Texas tort claims receive.

The section applies to a claim for damages, which is a real limit on its reach — and damages are capped at $10,000 per controversy in any event.

So the shortest deadline governs the least valuable relief, and a claimant seeking declaratory or injunctive relief is not plainly within it.

The trigger is discovery: "knew or should have known", so the clock runs from awareness rather than from the government’s act.

That matters because a burden may be imposed by a rule adopted long before anyone felt it. An ordinance enacted years earlier starts the period when it is applied to the claimant.

Subsection (b) supplies the tolling that makes the scheme coherent: mailing notice tolls the limitations period until the 75th day after the date on which the notice was mailed.

Without it the notice requirement could consume the claim. Sixty days of waiting out of a twelve-month period is substantial, and a claimant giving notice late would lose the claim by complying with the statute.

Seventy-five days rather than sixty gives fifteen days of margin after the notice period ends, so a claimant is not required to file the moment it expires.