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§ 16.001.Effect of Disability

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter A. Limitations of Personal Actions · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 16.001 stops the limitations clock for someone who is under 18 or of unsound mind when the claim arises — but only if the disability existed at that moment, and one disability cannot be stacked on another.

Full Text of § 16.001

Text sizeJump to: (a) (b) (c) (d)

(a)For the purposes of this subchapter, a person is under a legal disability if the person is:
(1)younger than 18 years of age, regardless of whether the person is married; or
(2)of unsound mind.
(b)If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.
(c)A person may not tack one legal disability to another to extend a limitations period.
(d)A disability that arises after a limitations period starts does not suspend the running of the period.
End

Plain-English Summary

Limitations periods assume the person who was wronged can do something about it. Section 16.001 accounts for the people who cannot. If someone is under 18 or of unsound mind at the moment a claim arises, the clock does not run while that condition lasts.

The section is precise about timing, and the precision cuts against claimants. The disability has to exist when the cause of action accrues. A condition that develops later — an adult who becomes incapacitated a year into the limitations period — does not suspend anything. Subsection (d) says so directly.

Nor can disabilities be chained together. A minor who reaches 18 and is then adjudged of unsound mind cannot add the second period to the first. Subsection (c) forbids tacking outright, so the clock starts when the original disability ends.

Note that being married does not end minority for this purpose. The section says a person under 18 is under a legal disability regardless of whether the person is married, which removes an argument that once had some force.

The tolling is for the person, not the claim. Where a parent has their own cause of action arising from an injury to a child — for medical expenses, say — that claim belongs to the parent, who is under no disability, and runs on the ordinary clock while the child’s does not.

The section opens with "for the purposes of this subchapter", so it governs the general limitations periods in Subchapter A. The adverse possession subchapter carries its own disability provision, drawn differently, and specialised statutes elsewhere may displace this one — the medical liability chapter is the significant example, and it limits minority tolling sharply.

"Unsound mind" is not defined here. It has been understood to mean an inability to manage one’s affairs or to understand one’s legal rights well enough to pursue them — a functional test, not a diagnosis, and one the claimant must establish.

Frequently Asked Questions

Does the deadline pause while my child is a minor?

Yes, if the child was under 18 when the claim accrued. The period of disability is not counted in the limitations period.

What if I became incapacitated after the accident?

The clock keeps running. A disability arising after the limitations period starts does not suspend it.

Can two disabilities be added together?

No. The statute forbids tacking one legal disability to another.

Does getting married end the protection for a minor?

No. A person under 18 is under a legal disability regardless of whether they are married.

Does my own claim as the parent get the same tolling?

No. The tolling attaches to the person under the disability. A parent’s own cause of action runs on the ordinary clock.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 56, eff. Sept. 1, 1987.
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