CHAPTER 14. INMATE LITIGATION
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 14. INMATE LITIGATION
Sec. 14.001. DEFINITIONS. In this chapter:
(1) "Claim" means a cause of action governed by this chapter.
(2) "Department" means the Texas Department of Criminal Justice.
(3) "Inmate" means a person housed in a secure correctional
facility.
(4) "Secure correctional facility" has the meaning assigned by
Section 1.07, Penal Code.
(5) "Trust account" means an inmate's trust account administered
by the department under Section 501.014, Government Code, by a
facility under contract with the department, or by a jail.
(6) "Unsworn declaration" means a document executed in
accordance with Chapter 132.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.002. SCOPE OF CHAPTER. (a) This chapter applies only
to a suit brought by an inmate in a district, county, justice of
the peace, or small claims court in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate.
(b) This chapter does not apply to an action brought under the
Family Code.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.003. DISMISSAL OF CLAIM. (a) A court may dismiss a
claim, either before or after service of process, if the court
finds that:
(1) the allegation of poverty in the affidavit or unsworn
declaration is false;
(2) the claim is frivolous or malicious; or
(3) the inmate filed an affidavit or unsworn declaration
required by this chapter that the inmate knew was false.
(b) In determining whether a claim is frivolous or malicious,
the court may consider whether:
(1) the claim's realistic chance of ultimate success is slight;
(2) the claim has no arguable basis in law or in fact;
(3) it is clear that the party cannot prove facts in support of
the claim; or
(4) the claim is substantially similar to a previous claim filed
by the inmate because the claim arises from the same operative
facts.
(c) In determining whether Subsection (a) applies, the court may
hold a hearing. The hearing may be held before or after service
of process, and it may be held on motion of the court, a party,
or the clerk of the court.
(d) On the filing of a motion under Subsection (c), the court
shall suspend discovery relating to the claim pending the
hearing.
(e) A court that dismisses a claim brought by a person housed in
a facility operated by or under contract with the department may
notify the department of the dismissal and, on the court's own
motion or the motion of any party or the clerk of the court, may
advise the department that a mental health evaluation of the
inmate may be appropriate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.004. AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a) An
inmate who files an affidavit or unsworn declaration of inability
to pay costs shall file a separate affidavit or declaration:
(1) identifying each suit, other than a suit under the Family
Code, previously brought by the person and in which the person
was not represented by an attorney, without regard to whether the
person was an inmate at the time the suit was brought; and
(2) describing each suit that was previously brought by:
(A) stating the operative facts for which relief was sought;
(B) listing the case name, cause number, and the court in which
the suit was brought;
(C) identifying each party named in the suit; and
(D) stating the result of the suit, including whether the suit
was dismissed as frivolous or malicious under Section 13.001 or
Section 14.003 or otherwise.
(b) If the affidavit or unsworn declaration filed under this
section states that a previous suit was dismissed as frivolous or
malicious, the affidavit or unsworn declaration must state the
date of the final order affirming the dismissal.
(c) The affidavit or unsworn declaration must be accompanied by
the certified copy of the trust account statement required by
Section 14.006(f).
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.005. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
ADMINISTRATIVE REMEDIES. (a) An inmate who files a claim that
is subject to the grievance system established under Section
501.008, Government Code, shall file with the court:
(1) an affidavit or unsworn declaration stating the date that
the grievance was filed and the date the written decision
described by Section 501.008(d), Government Code, was received by
the inmate; and
(2) a copy of the written decision from the grievance system.
(b) A court shall dismiss a claim if the inmate fails to file
the claim before the 31st day after the date the inmate receives
the written decision from the grievance system.
(c) If a claim is filed before the grievance system procedure is
complete, the court shall stay the proceeding with respect to the
claim for a period not to exceed 180 days to permit completion of
the grievance system procedure.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.006. COURT FEES, COURT COSTS, OTHER COSTS. (a) A court
may order an inmate who has filed a claim to pay court fees,
court costs, and other costs in accordance with this section and
Section 14.007. The clerk of the court shall mail a copy of the
court's order and a certified bill of costs to the department or
jail, as appropriate.
(b) On the court's order, the inmate shall pay an amount equal
to the lesser of:
(1) 20 percent of the preceding six months' deposits to the
inmate's trust account; or
(2) the total amount of court fees and costs.
(c) In each month following the month in which payment is made
under Subsection (b), the inmate shall pay an amount equal to the
lesser of:
(1) 10 percent of that month's deposits to the trust account; or
(2) the total amount of court fees and costs that remain unpaid.
(d) Payments under Subsection (c) shall continue until the total
amount of court fees and costs are paid or until the inmate is
released from confinement.
(e) On receipt of a copy of an order issued under Subsection
(a), the department or jail shall withdraw money from the trust
account in accordance with Subsections (b), (c), and (d). The
department or jail shall hold the money in a separate account and
shall forward the money to the court clerk on the earlier of the
following dates:
(1) the date the total amount to be forwarded equals the total
amount of court fees and costs that remains unpaid; or
(2) the date the inmate is released.
(f) The inmate shall file a certified copy of the inmate's trust
account statement with the court. The statement must reflect the
balance of the account at the time the claim is filed and
activity in the account during the six months preceding the date
on which the claim is filed. The court may request the department
or jail to furnish the information required under this
subsection.
(g) An inmate may authorize payment in addition to that required
by this section.
(h) The court may dismiss a claim if the inmate fails to pay
fees and costs assessed under this section.
(i) An inmate may not avoid the fees and costs assessed under
this section by nonsuiting a party or by voluntarily dismissing
the action.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.007. OTHER COSTS. (a) An order of a court under
Section 14.006(a) shall include the costs described by Subsection
(b) if the court finds that:
(1) the inmate has previously filed an action in a district,
county, justice of the peace, or small claims court; and
(2) a final order has been issued that affirms that the action
was dismissed as frivolous or malicious under Section 13.001 or
Section 14.003 or otherwise.
(b) Costs under Subsection (a) shall include, as costs of court,
expenses incurred by the court or by the department, jail, or
private facility operator, in connection with the claim and not
otherwise charged to the inmate under Section 14.006, including:
(1) expenses of service of process;
(2) postage; and
(3) transportation, housing, or medical care incurred in
connection with the appearance of the inmate in the court for any
proceeding.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.008. HEARING. (a) The court may hold a hearing under
this chapter at a jail or a facility operated by or under
contract with the department or may conduct the hearing with
video communications technology that permits the court to see and
hear the inmate and that permits the inmate to see and hear the
court and any other witness.
(b) A hearing conducted under this section by video
communications technology shall be recorded on videotape. The
recording is sufficient to serve as a permanent record of the
hearing.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.009. SUBMISSION OF EVIDENCE. (a) The court may request
a person with an admissible document or admissible testimony
relevant to the subject matter of the hearing to submit a copy of
the document or written statement stating the substance of the
testimony.
(b) A written statement submitted under this section must be
made under oath or made as an unsworn declaration under Section
132.001.
(c) A copy of a document submitted under this section must be
accompanied by a certification executed under oath by an
appropriate custodian of the record stating that the copy is
correct and any other matter relating to the admissibility of the
document that the court requires.
(d) A person submitting a written statement or document under
this section is not required to appear at the hearing.
(e) The court shall require that the inmate be provided with a
copy of each written statement or document not later than 14 days
before the date on which the hearing is to begin.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.010. DISMISSAL OF CLAIM. (a) The court may enter an
order dismissing the entire claim or a portion of the claim under
this chapter.
(b) If a portion of the claim is dismissed, the court shall
designate the issues and defendants on which the claim may
proceed, subject to Sections 14.006 and 14.007.
(c) An order under this section is not subject to interlocutory
appeal by the inmate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.011. EFFECT ON OTHER CLAIMS. (a) Except as provided by
Subsection (b), on receipt of an order assessing fees and costs
under Section 14.006 that indicates that the court made the
finding described by Section 14.007(a), a clerk of a court may
not accept for filing another claim by the inmate until the fees
and costs assessed under Section 14.006 are paid.
(b) A court may allow an inmate who has not paid the fees and
costs assessed against the inmate to file a claim for injunctive
relief seeking to enjoin an act or failure to act that creates a
substantial threat of irreparable injury or serious physical harm
to the inmate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.012. QUESTIONNAIRE. To implement this chapter, a court
may develop, for use in that court, a questionnaire to be filed
by the inmate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.013. REVIEW AND RECOMMENDATION BY MAGISTRATES. (a) The
supreme court shall, by rule, adopt a system under which a court
may refer a suit governed by this chapter to a magistrate for
review and recommendation.
(b) The system adopted under Subsection (a) may be funded from
money appropriated to the supreme court or from money received by
the supreme court through interagency contract or contracts.
(c) For the purposes of Section 14.014, the adoption of a system
by rule under Subsection (a) does not constitute a modification
or repeal of a provision of this chapter.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.
Sec. 14.014. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
Notwithstanding Section 22.004, Government Code, this chapter may
not be modified or repealed by a rule adopted by the supreme
court.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8,
1995.