2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
CHAPTER 11. VEXATIOUS LITIGANTS  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 11. VEXATIOUS LITIGANTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

SUBCHAPTER B. VEXATIOUS LITIGANTS

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

SUBCHAPTER C. PROHIBITING FILING OF NEW LITIGATION

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1997.