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Texas CPRC §16.001, minors and unsound mind: how the filing period is counted

The official text of the Texas statute that keeps the time a person is under 18 or of unsound mind out of a limitations period, explained in plain language.

5 min readPublished October 27, 2026Last updated October 27, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas Civil Practice and Remedies Code §16.001 says a person is under a "legal disability" if the person is younger than 18 years of age or of unsound mind, and that 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" (CPRC §16.001). A disability that arises after a limitations period starts does not suspend it. Section 16.003 does not itself say when most personal injury claims accrue; the Supreme Court of Texas has described the general rule (Schlumberger Technology Corp. v. Pasko). An attorney can tell you how these rules apply to a specific situation.

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

  • Two kinds of legal disability. Being younger than 18, regardless of whether the person is married, or being of unsound mind (§16.001(a)).
  • The time is not counted. When the disability exists at the time the cause of action accrues, the time of the disability is not included in a limitations period (§16.001(b)).
  • No tacking. A person may not tack one legal disability to another to extend a limitations period (§16.001(c)).
  • A later disability does not pause the clock. A disability that arises after a limitations period starts does not suspend the running of the period (§16.001(d)).
  • The general rule for accrual comes from the courts. The Supreme Court of Texas describes the legal injury rule and calls the discovery rule an exception (Pasko, No. 17-0231).
  • Last amended in 1987. The history line for §16.001 lists Acts 1987, 70th Leg., ch. 1049 as its most recent amendment.

What does §16.001 say?

The official text of Tex. Civ. Prac. & Rem. Code §16.001, as published by the Texas Legislature:

Sec. 16.001. EFFECT OF DISABILITY. (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.

Source: Tex. Civ. Prac. & Rem. Code §16.001, statutes.capitol.texas.gov. Text last checked October 27, 2026.

What does it mean in plain language?

  • It changes how a period is counted, not how long it is. Section 16.001 does not set its own deadline. It says which time is left out when a limitations period, such as the two-year period in §16.003, is counted.
  • The disability must exist when the claim accrues. Subsection (b) applies to a person who is under a legal disability "when the cause of action accrues". Subsection (d) says a disability that begins after the period has started does not stop it.
  • The definition is limited to "this subchapter". The definition in subsection (a) is written for subchapter A of chapter 16, which includes §16.003. Other statutes can set their own rules for particular kinds of claims; this entry does not cover them.
  • Disabilities cannot be stacked. Under subsection (c), one legal disability cannot be tacked onto another to extend a period.
  • "Unsound mind" is not defined in the section. Section 16.001 uses the phrase without defining it.

When does the limitations clock start?

Section 16.003 counts from "the day the cause of action accrues." For a death claim, §16.003(b) says the cause of action accrues on the death of the injured person. For other personal injury claims, the statute does not define accrual, and the rule comes from the courts.

In Schlumberger Technology Corp. v. Pasko, a personal injury case, the Supreme Court of Texas wrote, quoting an earlier decision:

Ordinarily, the legal injury rule dictates that accrual occurs when "a wrongful act causes a legal injury, even if the fact of injury is not discovered until later, and even if all resulting damages have not yet occurred."

The court described the discovery rule as an exception to the legal injury rule:

The discovery rule delays accrual until the plaintiff "knew or in the exercise of reasonable diligence should have known of the wrongful act and resulting injury."

Source: Supreme Court of Texas, Schlumberger Technology Corp. v. Pasko, No. 17-0231 (per curiam), opinion delivered April 13, 2018. Read October 27, 2026. In that case the court held that the court of appeals erred in applying the discovery rule, and that under the legal injury rule the cause of action accrued on the day of the injury. Whether any exception applies depends on the facts of a specific case, which is a question for an attorney.

When was this checked, and can it change?

The statute text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session, and courts can refine how a rule is applied. The Legislature convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

Who is under a "legal disability" under CPRC §16.001?
Under Tex. Civ. Prac. & Rem. Code §16.001(a), a person is under a legal disability for the purposes of that subchapter if the person is younger than 18 years of age, regardless of whether the person is married, or of unsound mind.
What does §16.001 do to a limitations period?
Section 16.001(b) says that 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. Section 16.001(d) says a disability that arises after a limitations period starts does not suspend the running of the period.
When does a personal injury cause of action accrue in Texas?
Section 16.003 does not define it for most personal injury claims. The Supreme Court of Texas has described the general rule, the legal injury rule, as accrual when a wrongful act causes a legal injury, even if the fact of injury is not discovered until later, and has described the discovery rule as an exception (Schlumberger Technology Corp. v. Pasko, No. 17-0231, 2018).
Can InjuryClaimGuide tell me how this applies to my situation?
No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation and do not evaluate any claim. An attorney can advise you about your specific situation.

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