§ 16.0045.Limitations Period for Claims Arising from Certain Offenses

Texas separates claims arising from sexual offenses from the ordinary personal injury deadline, and the separation is substantial.

Thirty years applies where the injury arises from conduct violating the child-related offenses the section enumerates — sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a young child or disabled individual, specified trafficking conduct, compelling prostitution by a child or disabled individual, and indecency with a child.

Five years applies to the adult offenses listed: sexual assault, aggravated sexual assault, trafficking of persons outside the child provisions, and compelling prostitution.

The section works by naming Penal Code provisions, not by describing conduct. That is precise but unforgiving — a claim arising from misconduct that falls outside every listed offense gets the ordinary two years, however serious it was.

No conviction is required. The test is that the injury arose as a result of conduct that violates the named provision, which a civil court decides on the civil standard.

Two mechanics are worth knowing. Where the conduct resulted in death, subsection (c) fixes accrual on the death of the injured person. And subsection (d) tolls the period on the filing of a petition alleging that the defendant’s identity is unknown and naming a "John or Jane Doe" defendant.

The tolling has conditions attached. The claimant must proceed with due diligence to discover the identity and must amend to substitute the real name not later than the 30th day after the defendant is identified to them. The period starts running again on the date the petition is amended — so this is a pause, not a reset.

These periods have been extended more than once. Which version applies can depend on when the conduct occurred, so check the effective dates before concluding a claim has expired.