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.
Tex. Civ. Prac. & Rem. Code § 16.068
AMENDED AND SUPPLEMENTAL PLEADINGS
Applied in 100 court decisions — leading case Austin Nursing Center, Inc. v. Lovato (2005)
Most recently applied in Allen Drilling Acquisition Company and ADAC II, Inc. v. Crimson Exploration Inc. and Crimson Exploration Operating, Inc. (August 2018)
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.