Texas Defamation Statute of Limitations: One Year Under CPRC § 16.002
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
A person must bring suit for malicious prosecution, libel, slander, or breach of promise of marriage not later than one year after the day the cause of action accrues.
Source: Texas Civil Practice and Remedies Code section 16.002(a) (as of August 31, 2026).
What the statute says
Section 16.002(a) sets a one-year period for malicious prosecution, libel, slander, and breach of promise of marriage. Subsection (b) separately requires suit to set aside a sale of property seized under Subchapter E, Chapter 33 of the Tax Code, not later than one year after the date the property is sold.
Grouping malicious prosecution with the defamation torts is a notable difference from California, where malicious prosecution generally takes the two-year personal injury period rather than the one-year defamation period in Code of Civil Procedure section 340(c).
When the clock starts
The period runs from accrual, generally publication of the defamatory statement. Texas, like California, applies a single-publication approach, so republication rather than continued availability is what starts a fresh period.
For malicious prosecution the accrual analysis differs from defamation, since the claim ordinarily requires termination of the underlying proceeding in the plaintiff's favour before it is complete.
Key exceptions and tolling
- Malicious prosecution is included.Texas places malicious prosecution in the one-year defamation subsection, whereas California generally applies its two-year personal injury period to that claim.
- Accrual differs by claim.Defamation generally accrues on publication; malicious prosecution ordinarily requires favourable termination of the underlying proceeding first.
- Tax sale actions.Subsection (b) sets one year from the date of sale for actions to set aside a sale of property seized under Subchapter E, Chapter 33 of the Tax Code.
- Business disparagement differs.Claims for business disparagement are analyzed separately from defamation and do not necessarily share the one-year period.
- Governmental defendants.Claims against Texas governmental units carry Tort Claims Act notice requirements independent of this period.
Frequently asked
How long do you have to sue for defamation in Texas?
One year after the day the cause of action accrues, under Civil Practice and Remedies Code section 16.002(a), which covers libel, slander, malicious prosecution, and breach of promise of marriage. This is general information, not legal advice.
Is malicious prosecution really one year in Texas?
Section 16.002(a) lists malicious prosecution alongside libel and slander in the one-year period. This differs from California, where malicious prosecution generally takes the two-year personal injury period rather than the one-year defamation period.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of Texas Civil Practice and Remedies Code section 16.002 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.