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.