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.
