2005 Texas Civil Practice & Remedies Code CHAPTER 11. VEXATIOUS LITIGANTS

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 11. VEXATIOUS LITIGANTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 11.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Defendant" means a person or governmental entity 
against whom a plaintiff commences or maintains or seeks to 
commence or maintain a litigation.
		(2)  "Litigation" means a civil action commenced, 
maintained, or pending in any state or federal court.
		(3)  "Local administrative judge" means a local 
administrative district judge or a local administrative statutory 
county court judge.
		(4)  "Moving defendant" means a defendant who moves for 
an order under Section 11.051 determining that a plaintiff is a 
vexatious litigant and requesting security.
		(5)  "Plaintiff" means an individual who commences or 
maintains a litigation.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           

SUBCHAPTER B. VEXATIOUS LITIGANTS


	§ 11.051. MOTION FOR ORDER DETERMINING PLAINTIFF A 
VEXATIOUS LITIGANT AND REQUESTING SECURITY.  In a litigation in 
this state, the defendant may, on or before the 90th day after the 
date the defendant files the original answer or makes a special 
appearance, move the court for an order:
		(1)  determining that the plaintiff is a vexatious 
litigant;  and           
		(2)  requiring the plaintiff to furnish security.                             

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.052. STAY OF PROCEEDINGS ON FILING OF MOTION.  (a) On 
the filing of a motion under Section 11.051, the litigation is 
stayed and the moving defendant is not required to plead:
		(1)  if the motion is denied, before the 10th day after 
the date it is denied;  or
		(2)  if the motion is granted, before the 10th day after 
the date the moving defendant receives written notice that the 
plaintiff has furnished the required security.
	(b)  On the filing of a motion under Section 11.051 on or 
after the date the trial starts, the litigation is stayed for a 
period the court determines.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.053. HEARING.  (a) On receipt of a motion under 
Section 11.051, the court shall, after notice to all parties, 
conduct a hearing to determine whether to grant the motion.
	(b)  The court may consider any evidence material to the 
ground of the motion, including:
		(1)  written or oral evidence;  and                                           
		(2)  evidence presented by witnesses or by affidavit.                         

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.054. CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS 
LITIGANT.  A court may find a plaintiff a vexatious litigant if the 
defendant shows that there is not a reasonable probability that the 
plaintiff will prevail in the litigation against the defendant and 
that:
		(1)  the plaintiff, in the seven-year period 
immediately preceding the date the defendant makes the motion under 
Section 11.051, has commenced, prosecuted, or maintained in propria 
persona at least five litigations other than in a small claims court 
that have been:
			(A)  finally determined adversely to the 
plaintiff;                        
			(B)  permitted to remain pending at least two 
years without having been brought to trial or hearing;  or
			(C)  determined by a trial or appellate court to 
be frivolous or groundless under state or federal laws or rules of 
procedure;
		(2)  after a litigation has been finally determined 
against the plaintiff, the plaintiff repeatedly relitigates or 
attempts to relitigate, in propria persona, either:
			(A)  the validity of the determination against the 
same defendant as to whom the litigation was finally determined;  or
			(B)  the cause of action, claim, controversy, or 
any of the issues of fact or law determined or concluded by the 
final determination against the same defendant as to whom the 
litigation was finally determined;  or
		(3)  the plaintiff has previously been declared to be a 
vexatious litigant by a state or federal court in an action or 
proceeding based on the same or substantially similar facts, 
transition, or occurrence.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.055. SECURITY.  (a) A court shall order the 
plaintiff to furnish security for the benefit of the moving 
defendant if the court, after hearing the evidence on the motion, 
determines that the plaintiff is a vexatious litigant.
	(b)  The court in its discretion shall determine the date by 
which the security must be furnished.
	(c)  The court shall provide that the security is an 
undertaking by the plaintiff to assure payment to the moving 
defendant of the moving defendant's reasonable expenses incurred in 
or in connection with a litigation commenced, caused to be 
commenced, maintained, or caused to be maintained by the plaintiff, 
including costs and attorney's fees.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.056. DISMISSAL FOR FAILURE TO FURNISH SECURITY.  The 
court shall dismiss a litigation as to a moving defendant if a 
plaintiff ordered to furnish security does not furnish the security 
within the time set by the order.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.057. DISMISSAL ON THE MERITS.  If the litigation is 
dismissed on its merits, the moving defendant has recourse to the 
security furnished by the plaintiff in an amount determined by the 
court.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           

SUBCHAPTER C. PROHIBITING FILING OF NEW LITIGATION


	§ 11.101. PREFILING ORDER;  CONTEMPT.  (a) A court may, on 
its own motion or the motion of any party, enter an order 
prohibiting a person from filing, in propria persona, a new 
litigation in a court in this state if the court finds, after notice 
and hearing as provided by Subchapter B, that:
		(1)  the person is a vexatious litigant;  and                                 
		(2)  the local administrative judge of the court in 
which the person intends to file the litigation has not granted 
permission to the person under Section 11.102 to file the 
litigation.
	(b)  A person who disobeys an order under Subsection (a) is 
subject to contempt of court.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.102. PERMISSION BY LOCAL ADMINISTRATIVE JUDGE.  (a) 
A local administrative judge may grant permission to a person found 
to be a vexatious litigant under Section 11.101 to file a litigation 
only if it appears to the judge that the litigation:
		(1)  has merit;  and                                                          
		(2)  has not been filed for the purposes of harassment 
or delay.            
	(b)  The local administrative judge may condition permission 
on the furnishing of security for the benefit of the defendant as 
provided in Subchapter B.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.103. DUTIES OF CLERK;  MISTAKEN FILING.  (a) A clerk 
of a court may not file a litigation presented by a vexatious 
litigant subject to a prefiling order under Section 11.101 unless 
the litigant obtains an order from the local administrative judge 
permitting the filing.
	(b)  If the clerk mistakenly files a litigation without an 
order from the local administrative judge, any party may file with 
the clerk and serve on the plaintiff and the other parties to the 
suit a notice stating that the plaintiff is a vexatious litigant 
subject to a prefiling order under Section 11.101.  On the filing of 
the notice, the court shall immediately stay the litigation and 
shall dismiss the litigation unless the plaintiff, not later than 
the 10th day after the date the notice is filed, obtains an order 
from the local administrative judge under Section 11.102 permitting 
the filing of the litigation.
	(c)  If the local administrative judge issues an order 
permitting the filing of the litigation under Subsection (b), the 
litigation remains stayed and the defendant need not plead until 
the 10th day after the date the defendant is served with a copy of 
the order.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.           


	§ 11.104. NOTICE TO OFFICE OF COURT ADMINISTRATION;  
DISSEMINATION OF LIST.  (a) A clerk of a court shall provide the 
Office of Court Administration of the Texas Judicial System a copy 
of any prefiling order issued under Section 11.101.
	(b)  The Office of Court Administration of the Texas Judicial 
System shall maintain a list of vexatious litigants subject to 
prefiling orders under Section 11.101 and shall annually send the 
list to the clerks of the courts of this state.

Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.