reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.024. Adverse Possession: Three-Year Limitations Period

Sec. 16.024.  ADVERSE POSSESSION:  THREE-YEAR LIMITATIONS PERIOD.  A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.025. Adverse Possession: Five-Year Limitations Period

Sec. 16.025.  ADVERSE POSSESSION:  FIVE-YEAR LIMITATIONS PERIOD.  (a)  A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:
(1)  cultivates, uses, or enjoys the property;
(2)  pays applicable taxes on the property;  and
(3)  claims the property under a duly registered deed.
(b)  This section does not apply to a claim based on a quitclaim deed, a forged deed, or a deed executed under a forged power of attorney.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 94 (S.B. 885), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.026. Adverse Possession: 10-Year Limitations Period

Sec. 16.026.  ADVERSE POSSESSION:  10-YEAR LIMITATIONS PERIOD.  (a)  A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
(b)  Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160.  If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.
(c)  Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor's claim extends to the boundaries specified in the instrument.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 764, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.027. Adverse Possession: 25-Year Limitations Period Notwithstanding Disability

Sec. 16.027.  ADVERSE POSSESSION:  25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY.  A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.028. Adverse Possession With Recorded Instrument: 25-Year Limitations Period

Sec. 16.028.  ADVERSE POSSESSION WITH RECORDED INSTRUMENT:  25-YEAR LIMITATIONS PERIOD.  (a)  A person, regardless of whether the person is or has been under a legal disability, may not maintain an action for the recovery of real property held for 25 years before the commencement of the action in peaceable and adverse possession by another who holds the property in good faith and under a deed or other instrument purporting to convey the property that is recorded in the deed records of the county where any part of the real property is located.
(b)  Adverse possession of any part of the real property held under a recorded deed or other recorded instrument that purports to convey the property extends to and includes all of the property described in the instrument, even though the instrument is void on its face or in fact.
(c)  A person who holds real property and claims title under this section has a good and marketable title to the property regardless of a disability arising at any time in the adverse claimant or a person claiming under the adverse claimant.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.029. Evidence of Title to Land by Limitations

Sec. 16.029.  EVIDENCE OF TITLE TO LAND BY LIMITATIONS.  (a)  In a suit involving title to real property that is not claimed by this state, it is prima facie evidence that the title to the property has passed from the person holding apparent record title to an opposing party if it is shown that:
(1)  for one or more years during the 25 years preceding the filing of the suit the person holding apparent record title to the property did not exercise dominion over or pay taxes on the property;  and
(2)  during that period the opposing parties and those whose estate they own have openly exercised dominion over and have asserted a claim to the land and have paid taxes on it annually before becoming delinquent for as long as 25 years.
(b)  This section does not affect a statute of limitations, a right to prove title by circumstantial evidence under the case law of this state, or a suit between a trustee and a beneficiary of the trust.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.030. Title Through Adverse Possession

Sec. 16.030.  TITLE THROUGH ADVERSE POSSESSION.  (a)  If an action for the recovery of real property is barred under this chapter, the person who holds the property in peaceable and adverse possession has full title, precluding all claims.
(b)  A person may not acquire through adverse possession any right or title to real property dedicated to public use.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.031. Enclosed Land

Sec. 16.031.  ENCLOSED LAND.  (a)  A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is not considered enclosed by a fence that encloses any part of the surrounding land.
(b)  Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by Section 16.026 unless:
(1)  the interior tract is separated from the surrounding land by a fence;  or
(2)  at least one-tenth of the interior tract is cultivated and used for agricultural purposes or is used for manufacturing purposes.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.032. Adjacent Land

Sec. 16.032.  ADJACENT LAND.  Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable and adverse as described by Section 16.026 unless:
(1)  the land is separated from the adjacent enclosed tract by a substantial fence;
(2)  at least one-tenth of the land is cultivated and used for agricultural purposes or used for manufacturing purposes;  or
(3)  there is actual possession of the land.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.033. Technical Defects in Instrument

Sec. 16.033.  TECHNICAL DEFECTS IN INSTRUMENT.  (a)  A person with a right of action for the recovery of real property or an interest in real property conveyed by an instrument with one of the following defects must bring suit not later than two years after the day the instrument was filed for record with the county clerk of the county where the real property is located:
(1)  lack of the signature of a proper corporate officer, partner, or company officer, manager, or member;
(2)  lack of a corporate seal;
(3)  failure of the record to show the corporate seal used;
(4)  failure of the record to show authority of the board of directors or stockholders of a corporation, partners of a partnership, or officers, managers, or members of a company;
(5)  execution and delivery of the instrument by a corporation, partnership, or other company that had been dissolved, whose charter had expired, or whose franchise had been canceled, withdrawn, or forfeited;
(6)  acknowledgment of the instrument in an individual, rather than a representative or official, capacity;
(7)  execution of the instrument by a trustee without record of the authority of the trustee or proof of the facts recited in the instrument;
(8)  failure of the record or instrument to show an acknowledgment or jurat that complies with applicable law; or
(9)  wording of the stated consideration that may or might create an implied lien in favor of the grantor.
(b)  This section does not apply to a forged instrument.
(c)  For the purposes of this section, an instrument affecting real property containing a ministerial defect, omission, or informality in the certificate of acknowledgment that has been filed for record for longer than two years in the office of the county recorder of the county in which the property is located is considered to have been lawfully recorded and to be notice of the existence of the instrument on and after the date the instrument is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 291, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 819 (S.B. 1781), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.034. Attorney's Fees

Sec. 16.034.  ATTORNEY'S FEES.  (a)  In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse possession, if the prevailing party recovers possession of the property from a person unlawfully in actual possession, the court:
(1)  shall award costs and reasonable attorney's fees to the prevailing party if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith; and
(2)  may award costs and reasonable attorney's fees to the prevailing party in the absence of a finding described by Subdivision (1).
(b)  To recover attorney's fees, the person seeking possession must give the person unlawfully in possession a written demand for that person to vacate the premises.  The demand must be given by registered or certified mail at least 10 days before filing the claim for recovery of possession.
(c)  The demand must state that if the person unlawfully in possession does not vacate the premises within 10 days and a claim is filed by the person seeking possession, the court may enter a judgment against the person unlawfully in possession for costs and attorney's fees in an amount determined by the court to be reasonable.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 901 (H.B. 556), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.035. Lien on Real Property

Sec. 16.035.  LIEN ON REAL PROPERTY.  (a)  A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues.
(b)  A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues.
(c)  The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by:
(1)  Section 16.062, providing for suspension in the event of death;  or
(2)  Section 16.036, providing for recorded extensions of real property liens.
(d)  On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void.
(e)  If a series of notes or obligations or a note or obligation payable in installments is secured by a real property lien, the four-year limitations period does not begin to run until the maturity date of the last note, obligation, or installment.
(f)  The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.
(g)  In this section, "real property lien" means:
(1)  a superior title retained by a vendor in a deed of conveyance or a purchase money note;  or
(2)  a vendor's lien, a mortgage, a deed of trust, a voluntary mechanic's lien, or a voluntary materialman's lien on real estate, securing a note or other written obligation.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 1, eff. May 23, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.036. Extension of Real Property Lien

Sec. 16.036.  EXTENSION OF REAL PROPERTY LIEN.  (a)  The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in Section 16.035, may suspend the running of the four-year limitations period for real property liens through a written extension agreement as provided by this section.
(b)  The limitations period is suspended and the lien remains in effect for four years after the extended maturity date of the debt or obligation if the extension agreement is:
(1)  signed and acknowledged as provided by law for a deed conveying real property;  and
(2)  filed for record in the county clerk's office of the county where the real property is located.
(c)  The parties may continue to extend the lien by entering, acknowledging, and recording additional extension agreements.
(d)  The maturity date stated in the original instrument or in the date of the recorded renewal and extension is conclusive evidence of the maturity date of the debt or obligation.
(e)  The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 2, eff. May 23, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.037. Effect of Extension of Real Property Lien on Third Parties

Sec. 16.037.  EFFECT OF EXTENSION OF REAL PROPERTY LIEN ON THIRD PARTIES.  An extension agreement is void as to a bona fide purchaser for value, a lienholder, or a lessee who deals with real property affected by a real property lien without actual notice of the agreement and before the agreement is acknowledged, filed, and recorded.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 3, eff. May 23, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter B. Limitations of Real Property Actions › Section 16.038. Rescission or Waiver of Accelerated Maturity Date

Sec. 16.038.  RESCISSION OR WAIVER OF ACCELERATED MATURITY DATE.  (a)  If the maturity date of a series of notes or obligations or a note or obligation payable in installments is accelerated, and the accelerated maturity date is rescinded or waived in accordance with this section before the limitations period expires, the acceleration is deemed rescinded and waived and the note, obligation, or series of notes or obligations shall be governed by Section 16.035 as if no acceleration had occurred.
(b)  Rescission or waiver of acceleration is effective if made by a written notice of a rescission or waiver served as provided in Subsection (c) by the lienholder, the servicer of the debt, or an attorney representing the lienholder on each debtor who, according to the records of the lienholder or the servicer of the debt, is obligated to pay the debt.
(c)  Service of a notice under Subsection (b) must be by first class or certified mail and is complete when the notice is deposited in the United States mail, postage prepaid and addressed to the debtor at the debtor's last known address.  The affidavit of a person knowledgeable of the facts to the effect that service was completed is prima facie evidence of service.
(d)  A notice served under this section does not affect a lienholder's right to accelerate the maturity date of the debt in the future nor does it waive past defaults.
(e)  This section does not create an exclusive method for waiver and rescission of acceleration or affect the accrual of a cause of action and the running of the related limitations period under Section 16.035(e) on any subsequent maturity date, accelerated or otherwise, of the note or obligation or series of notes or obligations.
Added by Acts 2015, 84th Leg., R.S., Ch. 759 (H.B. 2067), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter C. Residual Limitations Period › Section 16.051. Residual Limitations Period

Sec. 16.051.  RESIDUAL LIMITATIONS PERIOD.  Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.061. Rights Not Barred

Sec. 16.061.  RIGHTS NOT BARRED.  (a)  A right of action of this state or a political subdivision of the state, including a county, an incorporated city or town, a navigation district, a municipal utility district, a port authority, an entity acting under Chapter 54, Transportation Code, a school district, or an entity created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, is not barred by any of the following sections:  16.001-16.004, 16.006, 16.007, 16.021-16.028, 16.030-16.032, 16.035-16.037, 16.051, 16.062, 16.063, 16.065-16.067, 16.070, 16.071, 31.006, or 71.021.
(b)  In this section:
(1)  "Navigation district" means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
(2)  "Port authority" has the meaning assigned by Section 60.402, Water Code.
(3)  "Municipal utility district" means a municipal utility district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.02, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 782, Sec. 1, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 1070, Sec. 47, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.204, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.062. Effect of Death

Sec. 16.062.  EFFECT OF DEATH.  (a)  The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable statute of limitations for 12 months after the death.
(b)  If an executor or administrator of a decedent's estate qualifies before the expiration of the period provided by this section, the statute of limitations begins to run at the time of the qualification.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.063. Temporary Absence From State

Sec. 16.063.  TEMPORARY ABSENCE FROM STATE.  The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person's absence.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.064. Effect of Lack of Jurisdiction

Sec. 16.064.  EFFECT OF LACK OF JURISDICTION.  (a)  The period between the date of filing an action in a trial court and the date of a second filing of the same action in a different court suspends the running of the applicable statute of limitations for the period if:
(1)  because of lack of jurisdiction in the trial court where the action was first filed, the action is dismissed or the judgment is set aside or annulled in a direct proceeding;  and
(2)  not later than the 60th day after the date the dismissal or other disposition becomes final, the action is commenced in a court of proper jurisdiction.
(b)  This section does not apply if the adverse party has shown in abatement that the first filing was made with intentional disregard of proper jurisdiction.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.065. Acknowledgment of Claim

Sec. 16.065.  ACKNOWLEDGMENT OF CLAIM.  An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.066. Action on Foreign Judgment

Sec. 16.066.  ACTION ON FOREIGN JUDGMENT.  (a)  An action on a foreign judgment is barred in this state if the action is barred under the laws of the jurisdiction where rendered.
(b)  An action against a person who has resided in this state for 10 years prior to the action may not be brought on a foreign judgment rendered more than 10 years before the commencement of the action in this state.
(c)  In this section "foreign judgment" means a judgment or decree rendered in another state or a foreign country.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.067. Claim Incurred Prior to Arrival in This State

Sec. 16.067.  CLAIM INCURRED PRIOR TO ARRIVAL IN THIS STATE.  (a)  A person may not bring an action to recover a claim against a person who has moved to this state if the claim is barred by the law of limitations of the state or country from which the person came.
(b)  A person may not bring an action to recover money from a person who has moved to this state and who was released from its payment by the bankruptcy or insolvency laws of the state or country from which the person came.
(c)  A demand that is against a person who has moved to this state and was incurred prior to his arrival in this state is not barred by the law of limitations until the person has lived in this state for 12 months.  This subsection does not affect the application of Subsections (a) and (b).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 16.068.  AMENDED AND SUPPLEMENTAL PLEADINGS.  If a filed pleading relates to a cause of action, cross action, counterclaim, or defense that is not subject to a plea of limitation when the pleading is filed, a subsequent amendment or supplement to the pleading that changes the facts or grounds of liability or defense is not subject to a plea of limitation unless the amendment or supplement is wholly based on a new, distinct, or different transaction or occurrence.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.069. Counterclaim or Cross Claim

Sec. 16.069.  COUNTERCLAIM OR CROSS CLAIM.  (a)  If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of an action, a party to the action may file the counterclaim or cross claim even though as a separate action it would be barred by limitation on the date the party's answer is required.
(b)  The counterclaim or cross claim must be filed not later than the 30th day after the date on which the party's answer is required.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.070. Contractual Limitations Period

Sec. 16.070.  CONTRACTUAL LIMITATIONS PERIOD.  (a)  Except as provided by Subsection (b), a person may not enter a stipulation, contract, or agreement that purports to limit the time in which to bring suit on the stipulation, contract, or agreement to a period shorter than two years.  A stipulation, contract, or agreement that establishes a limitations period that is shorter than two years is void in this state.
(b)  This section does not apply to a stipulation, contract, or agreement relating to the sale or purchase of a business entity if a party to the stipulation, contract, or agreement pays or receives or is obligated to pay or entitled to receive consideration under the stipulation, contract, or agreement having an aggregate value of not less than $500,000.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 840, Sec. 2, eff. Aug. 26, 1991.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.071. Notice Requirements

Sec. 16.071.  NOTICE REQUIREMENTS.  (a)  A contract stipulation that requires a claimant to give notice of a claim for damages as a condition precedent to the right to sue on the contract is not valid unless the stipulation is reasonable.  A stipulation that requires notification within less than 90 days is void.
(b)  If notice is required, the claimant may notify any convenient agent of the company that requires the notice.
(c)  A contract stipulation between the operator of a railroad, street railway, or interurban railroad and an employee or servant of the operator is void if it requires as a condition precedent to liability:
(1)  the employee or servant to notify the system of a claim for damages for personal injury caused by negligence;  or
(2)  the spouse, parent, or child of a deceased employee or servant to notify the system of a claim of death caused by negligence.
(d)  This section applies to a contract between a federal prime contractor and a subcontractor, except that the notice period stipulated in the subcontract may be for a period not less than the period stipulated in the prime contract, minus seven days.
(e)  In a suit covered by this section or Section 16.070, it is presumed that any required notice has been given unless lack of notice is specifically pleaded under oath.
(f)  This section does not apply to a contract relating to the sale or purchase of a business entity if a party to the contract pays or receives or is obligated to pay or receive consideration under the contract having an aggregate value of not less than $500,000.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 840, Sec. 3, eff. Aug. 26, 1991.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.072. Saturday, Sunday, or Holiday

Sec. 16.072.  SATURDAY, SUNDAY, OR HOLIDAY.  If the last day of a limitations period under any statute of limitations falls on a Saturday, Sunday, or holiday, the period for filing suit is extended to include the next day that the county offices are open for business.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 16 - Limitations › Subchapter D. Miscellaneous Provisions › Section 16.073. Applicability of Limitations Periods to Arbitration

Sec. 16.073.  APPLICABILITY OF LIMITATIONS PERIODS TO ARBITRATION.  (a)  A party may not assert a claim in an arbitration proceeding if the party could not bring suit for the claim in court due to the expiration of the applicable limitations period.
(b)  A party may assert a claim in an arbitration proceeding after expiration of the applicable limitations period if:
(1)  the party brought suit for the claim in court before the expiration of the applicable limitations period; and
(2)  the parties to the claim agreed to arbitrate the claim or a court ordered the parties to arbitrate the claim.
Added by Acts 2023, 88th Leg., R.S., Ch. 178 (H.B. 1255), Sec. 1, eff. May 24, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter A. Parties to Suit › Section 17.001. Suit on Contract With Several Obligors or Parties Conditionally Liable

Sec. 17.001.  SUIT ON CONTRACT WITH SEVERAL OBLIGORS OR PARTIES CONDITIONALLY LIABLE.  (a)  Except as provided by this section, the acceptor of a bill of exchange or a principal obligor on a contract may be sued alone or jointly with another liable party, but a judgment may not be rendered against a party not primarily liable unless judgment is also rendered against the principal obligor.
(b)  The assignor, endorser, guarantor, or surety on a contract or the drawer of an accepted bill may be sued without suing the maker, acceptor, or other principal obligor, or a suit against the principal obligor may be discontinued, if the principal obligor:
(1)  is a nonresident or resides in a place where he cannot be reached by the ordinary process of law;
(2)  resides in a place that is unknown and cannot be ascertained by the use of reasonable diligence;
(3)  is dead;  or
(4)  is actually or notoriously insolvent.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter A. Parties to Suit › Section 17.002. Suit Against Estate for Land Title

Sec. 17.002.  SUIT AGAINST ESTATE FOR LAND TITLE.  In a suit against the estate of a decedent involving the title to real property, the executor or administrator, if any, and the heirs must be made parties defendant.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter A. Parties to Suit › Section 17.003. Suit Against Nonresident or Transient Property Owner

Sec. 17.003.  SUIT AGAINST NONRESIDENT OR TRANSIENT PROPERTY OWNER.  For the purpose of establishing title to property, settling a lien or encumbrance on property, or determining an estate, interest, lien, or encumbrance, a person who claims an interest in the property may sue another person who claims an adverse interest or a lien or encumbrance but resides outside this state, resides in an unknown place, or is a transient.  The plaintiff is not required to have actual possession of the property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter A. Parties to Suit › Section 17.004. Suit Against Unknown Heirs or Unknown Stockholders of Defunct Corporation

Sec. 17.004.  SUIT AGAINST UNKNOWN HEIRS OR UNKNOWN STOCKHOLDERS OF DEFUNCT CORPORATION.  A person with a claim against property that has accrued to or been granted to the unknown heirs of a deceased individual or the unknown stockholders of a defunct corporation may sue the heirs or stockholders or their heirs or representatives.  The action must describe the defendants as the heirs of the named deceased individual or the unknown stockholders of the named corporation.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter A. Parties to Suit › Section 17.005. Suit Against Unknown Landowner

Sec. 17.005.  SUIT AGAINST UNKNOWN LANDOWNER.  (a)  A person may sue the unknown owner or claimant of an interest in land if:
(1)  the person bringing suit claims ownership of an interest in the land or has a claim or cause of action related to the land against the unknown owner or claimant;  and
(2)  the unknown owner or claimant:
(A)  takes or holds the beneficial interest under a conveyance, lease, or written contract that conveyed an interest in the land to a trustee without disclosing the name of the owner of the beneficial interest;  or
(B)  takes or holds the interest of a dissolved association, joint-stock company, partnership, or other organization under an instrument that did not disclose his name, and the organization had acquired the interest under a conveyance, lease, or written contract that conveyed the interest to the organization in its name without disclosing the names of the members, shareholders, partners, or other persons owning an interest in the organization.
(b)  A person may not sue the unknown stockholders of a corporation under this section, but if the plaintiff did not know that the organization was incorporated and the corporate character of the organization was not disclosed in the instrument under which title was acquired, the court retains jurisdiction over the unknown owners even if the organization was in fact incorporated.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.021. Service on Certain Noncorporate Business Agents

Sec. 17.021.  SERVICE ON CERTAIN NONCORPORATE BUSINESS AGENTS.  (a)  In an action against an individual, partnership, or unincorporated association that arises in a county in which the individual, partnership, or association has an office, place of business, or agency for transacting business in this state, citation or other civil process may be served on an agent or clerk employed in the office, place of business, or agency if:
(1)  the action grows out of or is connected with the business transacted in this state;  and
(2)  the individual, partnership, or association:
(A)  is not a resident of the county;
(B)  is not a resident of this state;  or
(C)  is a resident of the county but has not been found for service of process.
(b)  To serve process on an agent or clerk under Subsection (a)(2)(C), the officer making the return of unexecuted process must certify that after diligent search and inquiry the individual, partnership, or association cannot be found and served.  The process in the suit may be served on the agent or clerk in any succeeding term of court.
(c)  Service of process on an agent or clerk under this section has the effect of personal service on the principal individual, partnership, or unincorporated association and subjects the principal's nonexempt property to the jurisdiction and judgment of the court.
(d)  If service is made under this section, a default judgment may not be rendered in the action before the 21st day after the date of service.
(e)  Service of process under this section is in addition to other methods of service.
(f)  This section does not affect venue.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.022. Service on Partnership

Sec. 17.022.  SERVICE ON PARTNERSHIP.  Citation served on one member of a partnership authorizes a judgment against the partnership and the partner actually served.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.023. Service on Joint-Stock Association

Sec. 17.023.  SERVICE ON JOINT-STOCK ASSOCIATION.  (a)  In an action against a joint-stock association, citation may be served by:
(1)  serving the president, vice-president, secretary, cashier, assistant cashier, or treasurer of the association;
(2)  serving the local agent of the association in the county in which the suit is brought;  or
(3)  leaving a copy of the citation at the principal office of the association during office hours.
(b)  If no officer on whom citation may be served resides in the county in which suit is brought and the association has no agent in that county, citation may be served on any agent representing the association in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 288, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.024. Service on Political Subdivision

Sec. 17.024.  SERVICE ON POLITICAL SUBDIVISION.  (a)  In a suit against a county, citation must be served on the county judge.
(b)  In a suit against an incorporated city, town, or village, citation may be served on the mayor, clerk, secretary, or treasurer.
(c)  In a suit against a school district, citation may be served on the president of the school board or on the superintendent.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.025. Assessment of Postage Cost for Mail Service

Sec. 17.025.  ASSESSMENT OF POSTAGE COST FOR MAIL SERVICE.  (a)  If a public official is required or permitted by law to serve legal process by mail, including process in a suit for delinquent taxes, the official may:
(1)  collect advance payment for the actual cost of the postage required to serve or deliver the process;  or
(2)  assess the expense of postage as costs.
(b)  Charges under this section are in addition to other charges allowed by law for services performed by the official serving the process.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.026. Service on Secretary of State

Sec. 17.026.  SERVICE ON SECRETARY OF STATE.  (a)  In an action in which citation may be served on the secretary of state, service may be made by certified mail, return receipt requested, by the clerk of the court in which the case is pending or by the party or the representative of the party.
(b)  The method of service of citation provided by this section is in addition to any other method authorized by statute or the Texas Rules of Civil Procedure for service on the secretary of state.
Added by Acts 1987, 70th Leg., ch. 954, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.027. Preparation and Service

Sec. 17.027.  PREPARATION AND SERVICE.  (a)  The plaintiff or his attorney may prepare the appropriate citation for the defendant.
(b)  The citation must be in the form prescribed by the Texas Rules of Civil Procedure.
(c)  The citation shall be served in the manner prescribed by law.
(d)  The plaintiff or his attorney shall comply with the applicable Texas Rules of Civil Procedure governing preparation and issuance of citation.
(e)  Repealed by Acts 1997, 75th Leg., ch. 976, Sec. 5, eff. Sept. 1, 1997.
Added by Acts 1987, 70th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 976, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.028. Service on Financial Institutions

Sec. 17.028.  SERVICE ON FINANCIAL INSTITUTIONS.  (a)  In this section, "financial institution" has the meaning assigned by Section 201.101, Finance Code.
(b)  Except as provided by Subsection (c), citation may be served on a financial institution by:
(1)  serving the registered agent of the financial institution; or
(2)  if the financial institution does not have a registered agent, serving the president or a branch manager at any office located in this state.
(c)  Citation may be served on a credit union by:
(1)  serving the registered agent of the credit union; or
(2)  if the credit union does not have a registered agent, serving the president or vice president.
(d)  If citation has not been properly served as provided by this section, a financial institution may maintain an action to set aside the default judgment or any sanctions entered against the financial institution.
(e)  A citation served on a credit union that is located in a place of worship may not be served during a worship service.
(f)  Service on and delivery to a financial institution of claims against a customer of the financial institution are governed by Section 59.008, Finance Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 244 (H.B. 2219), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 5 (S.B. 422), Sec. 1, eff. May 2, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.029. Service on Inmate of Texas Department of Criminal Justice

Sec. 17.029.  SERVICE ON INMATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.  (a)  In this section, "inmate" means a person confined in a facility operated by or under contract with the Texas Department of Criminal Justice.
(b)  In a civil action against an inmate, citation or other civil process may be served on the inmate by serving a person designated under Subsection (c) as an agent for service of civil process.
(c)  The warden of each facility operated by or under contract with the Texas Department of Criminal Justice shall designate an employee at the facility to serve as an agent for service of civil process on inmates confined in the facility.
(d)  An employee designated under Subsection (c) as an agent for service of civil process shall promptly deliver any civil process served on the employee to the appropriate inmate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 267 (H.B. 1381), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.030. Return of Service

Sec. 17.030.  RETURN OF SERVICE.  (a)  The supreme court shall adopt rules of civil procedure requiring a person who serves process to complete a return of service.
(b)  The rules:
(1)  must provide that the return of service:
(A)  is not required to be endorsed or attached to the original process issued; and
(B)  may be electronically filed; and
(2)  may require that the following information be included in the return of service:
(A)  the cause number and case name;
(B)  the court in which the case has been filed;
(C)  the date and time process was received for service;
(D)  the person or entity served;
(E)  the address served;
(F)  the date of service;
(G)  the manner of delivery of service;
(H)  a description of process served;
(I)  the name of the person serving process; and
(J)  if the process server is certified as a process server by the supreme court, the process server's identification number.
(c)  A person certified by the supreme court as a process server or a person authorized outside of Texas to serve process shall sign the return of service under penalty of perjury.  The return of service is not required to be verified.
(d)  A person who knowingly or intentionally falsifies a return of service may be prosecuted for tampering with a governmental record as provided by Chapter 37, Penal Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 245 (H.B. 962), Sec. 1, eff. January 1, 2012.