TX: How the Legislature Doubled a Survivor's Window

A single bill, passed in 2019, turned 15 years into 30 — a real and significant legislative choice worth understanding.

A genuinely tiered structure for sexual offenses

Under CPRC § 16.0045, Texas carves out two distinct, far longer deadlines for personal injury claims arising from specific sexual offenses — both well beyond the general two-year rule. Thirty years applies where the injury arises from conduct violating a list of child-related offenses: sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a young child or disabled individual, certain trafficking conduct, compelling prostitution by a child or disabled individual, and indecency with a child. Five years applies to a separate list of adult offenses: sexual assault, aggravated sexual assault, trafficking outside the child-specific provisions, and compelling prostitution.

A real, significant 2019 extension

Here's a genuinely important piece of legislative history. The 30-year figure for child sexual abuse claims wasn't always the law. A 2019 act, House Bill 3809, amended § 16.0045(a) to double this period from 15 years to 30 years — a real, deliberate extension giving survivors significantly more time to come forward and pursue a civil claim.

Why the two tiers genuinely matter

Because the applicable deadline depends on which specific offense the injury arose from, and on whether the victim was a child or an adult at the time, confirming exactly which tier applies to a particular set of facts is a genuinely important step — assuming the general two-year rule applies to a claim that actually qualifies for one of these far longer windows could mean giving up on a claim that remains entirely viable.

A distinct accrual rule for asbestos and silica claims

Separately, CPRC § 16.0031 provides a specific accrual rule for personal injury or death claims resulting from asbestos- or silica-related injury, tied to statutory definitions in Chapter 90 rather than simply the date of exposure or the date symptoms first appeared.

The ordinary discovery rule

Outside of these specific exceptions, Texas's discovery rule can delay when the two-year clock begins for many personal injury claims, starting it instead from the date the injury was discovered, or reasonably should have been discovered.

Texas discovery rule & tolling — frequently asked questions

How long does a Texas survivor of child sexual abuse have to file a civil claim?

Up to 30 years after the cause of action accrues, under CPRC section 16.0045, for injury arising from a specific list of child-related sexual offenses.

Was this 30-year period always the rule in Texas?

No. A 2019 law, House Bill 3809, doubled this period from 15 years to 30 years for qualifying child sexual abuse offenses.

What deadline applies to claims involving adult sexual offenses?

A separate, shorter 5-year period applies to claims arising from certain adult sexual offenses listed in the same statute, including sexual assault and trafficking outside the child-specific provisions.

How does Texas calculate the deadline for asbestos or silica-related injury claims?

These claims follow a distinct accrual rule under CPRC section 16.0031, tied to specific statutory definitions rather than simply the date of the underlying exposure or injury.

Does Texas apply an ordinary discovery rule to most personal injury claims?

Yes. For many claims, the two-year clock can run from the date the injury was discovered, or reasonably should have been discovered, rather than necessarily the date of the underlying incident.

This page provides general guidance only and is not legal advice. Figures are based on Texas statute (CPRC § 16.0031, § 16.0045) verified per our methodology. Whether a specific tier applies depends on the facts. Confirm with a licensed Texas attorney before acting.