Tex. Code Crim. Proc. Ann. art. 12.02 (2026)

Art. 12.02. MISDEMEANORS. (a) Except as provided by Subsections (b) and (c), the following charging instruments may be presented within two years from the date of the commission of the offense, and not afterward:

(1) an indictment or information for any Class A or Class B misdemeanor; and

(2) a complaint or information for any Class C misdemeanor.

(b) An indictment, information, or complaint, as applicable, for assault under Section 22.01, Penal Code, may be presented within three years from the date of the commission of the offense, and not afterward, if the offense:

(1) is punishable as a misdemeanor; and

(2) was committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.

(c) An indictment or information, as applicable, for failure to report child abuse or neglect may be presented within three years from the date the offense was discovered, and not afterward, if the offense is punishable as a Class A misdemeanor under Section 261.109(c), Family Code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 472 (S.B. 410), Sec. 1, eff. September 1, 2009.

Acts 2023, 88th Leg., R.S., Ch. 118 (H.B. 467), Sec. 2, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 761 (S.B. 127), Sec. 2, eff. September 1, 2025.