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§ 147.041.Limitations Period

Title 6. Miscellaneous Provisions · Chapter 147. Year 2000 Computer Date Failure · Subchapter B. Prerequisites to Bringing Action · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 147.041 requires an action within two years of the date the failure first caused the harm, without extending or reviving anything under other law.

Full Text of § 147.041

Text sizeJump to: (a) (b)

(a)An action must be brought not later than two years after the date the computer date failure first caused the harm that is the subject matter of the action.
(b)This section does not extend the limitations period within which an action for harm caused by a computer date failure may be commenced under any other law or revive a claim that is barred by the operation of any other law.
End

Plain-English Summary

A two-year period with an unusual accrual trigger.

Subsection (a): an action must be brought not later than two years after the date the computer date failure first caused the harm that is the subject matter of the action.

"First caused the harm" is the operative phrase, and it does two things.

It runs from harm rather than from the failure, so a system that miscalculated in January but caused no loss until June accrues in June.

And "first" forecloses the argument that each recurrence starts a new period. A failure producing errors month after month accrues once, at the first harm — which is the same approach the trade secrets provision takes to continuing misappropriation, and it runs against claimants for the same reason.

Note that there is no discovery rule. The section keys accrual to harm occurring, not to the claimant learning of it — and date failures were frequently silent, producing wrong numbers that looked right.

Subsection (b) is a double disclaimer. The section does not extend the period available under any other law, and does not revive a claim already barred.

So the two years is a ceiling rather than a grant. A claim with a shorter period elsewhere keeps the shorter one, and a claim already dead stays dead.

The disability provision applies to this period, and the repose section supplies the outer limit.

Frequently Asked Questions

How long is the limitations period?

Two years from the date the computer date failure first caused the harm.

Does it run from the failure or the harm?

The harm. A failure causing no loss until later accrues when the loss occurs.

Is there a discovery rule?

Not in the section. Accrual is keyed to harm occurring rather than to the claimant learning of it.

Can it extend another limitations period?

No. It neither extends a period available under other law nor revives a claim already barred.

Amendment History

  • Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
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