1-1                                   AN ACT

 1-2     relating to the protection of defendants against vexatious

 1-3     litigants.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle A, Title 2, Civil Practice and Remedies

 1-6     Code, is amended by adding Chapter 11 to read as follows:

 1-7                      CHAPTER 11.  VEXATIOUS LITIGANTS

 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-9           Sec. 11.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Defendant" means a person or governmental entity

1-11     against whom a plaintiff commences or maintains or seeks to

1-12     commence or maintain a litigation.

1-13                 (2)  "Litigation" means a civil action commenced,

1-14     maintained, or pending in any state or federal court.

1-15                 (3)  "Local administrative judge" means a local

1-16     administrative district judge or a local administrative statutory

1-17     county court judge.

1-18                 (4)  "Moving defendant" means a defendant who moves for

1-19     an order under Section 11.051 determining that a plaintiff is a

1-20     vexatious litigant and requesting security.

1-21                 (5)  "Plaintiff" means an individual who commences or

1-22     maintains a litigation.

1-23               (Sections 11.002-11.050 reserved for expansion

1-24                     SUBCHAPTER B.  VEXATIOUS LITIGANTS

 2-1           Sec. 11.051.  MOTION FOR ORDER DETERMINING PLAINTIFF A

 2-2     VEXATIOUS LITIGANT AND REQUESTING SECURITY.  In a litigation in

 2-3     this state, the defendant may, on or before the 90th day after the

 2-4     date the defendant files the original answer or makes a special

 2-5     appearance, move the court for an order:

 2-6                 (1)  determining that the plaintiff is a vexatious

 2-7     litigant; and

 2-8                 (2)  requiring the plaintiff to furnish security.

 2-9           Sec. 11.052.  STAY OF PROCEEDINGS ON FILING OF MOTION.  (a)

2-10     On the filing of a motion under Section 11.051, the litigation is

2-11     stayed and the moving defendant is not required to plead:

2-12                 (1)  if the motion is denied, before the 10th day after

2-13     the date it is denied; or

2-14                 (2)  if the motion is granted, before the 10th day

2-15     after the date the moving defendant receives written notice that

2-16     the plaintiff has furnished the required security.

2-17           (b)  On the filing of a motion under Section 11.051 on or

2-18     after the date the trial starts, the litigation is stayed for a

2-19     period the court determines.

2-20           Sec. 11.053.  HEARING.  (a)  On receipt of a motion under

2-21     Section 11.051, the court shall, after notice to all parties,

2-22     conduct a hearing to determine whether to grant the motion.

2-23           (b)  The court may consider any evidence material to the

2-24     ground of the motion, including:

2-25                 (1)  written or oral evidence; and

2-26                 (2)  evidence presented by witnesses or by affidavit.

2-27           Sec. 11.054.  CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS

 3-1     LITIGANT.  A court may find a plaintiff a vexatious litigant if the

 3-2     defendant shows that there is not a reasonable probability that the

 3-3     plaintiff will prevail in the litigation against the defendant and

 3-4     that:

 3-5                 (1)  the plaintiff, in the seven-year period

 3-6     immediately preceding the date the defendant makes the motion under

 3-7     Section 11.051, has commenced, prosecuted, or maintained in propria

 3-8     persona at least five litigations other than in a small claims

 3-9     court that have been:

3-10                       (A)  finally determined adversely to the

3-11     plaintiff;

3-12                       (B)  permitted to remain pending at least two

3-13     years without having been brought to trial or hearing; or

3-14                       (C)  determined by a trial or appellate court to

3-15     be frivolous or groundless under state or federal laws or rules of

3-16     procedure;

3-17                 (2)  after a litigation has been finally determined

3-18     against the plaintiff, the plaintiff repeatedly relitigates or

3-19     attempts to relitigate, in propria persona, either:

3-20                       (A)  the validity of the determination against

3-21     the same defendant as to whom the litigation was finally

3-22     determined; or

3-23                       (B)  the cause of action, claim, controversy, or

3-24     any of the issues of fact or law determined or concluded by the

3-25     final determination against the same defendant as to whom the

3-26     litigation was finally determined; or

3-27                 (3)  the plaintiff has previously been declared to be a

 4-1     vexatious litigant by a state or federal court in an action or

 4-2     proceeding based on the same or substantially similar facts,

 4-3     transition, or occurrence.

 4-4           Sec. 11.055.  SECURITY.  (a)  A court shall order the

 4-5     plaintiff to furnish security for the benefit of the moving

 4-6     defendant if the court, after hearing the evidence on the motion,

 4-7     determines that the plaintiff is a vexatious litigant.

 4-8           (b)  The court in its discretion shall determine the date by

 4-9     which the security must be furnished.

4-10           (c)  The court shall provide that the security is an

4-11     undertaking by the plaintiff to assure payment to the moving

4-12     defendant of the moving defendant's reasonable expenses incurred in

4-13     or in connection with a litigation commenced, caused to be

4-14     commenced, maintained, or caused to be maintained by the plaintiff,

4-15     including costs and attorney's fees.

4-16           Sec. 11.056.  DISMISSAL FOR FAILURE TO FURNISH SECURITY.  The

4-17     court shall dismiss a litigation as to a moving defendant if a

4-18     plaintiff ordered to furnish security does not furnish the security

4-19     within the time set by the order.

4-20           Sec. 11.057.  DISMISSAL ON THE MERITS.  If the litigation is

4-21     dismissed on its merits, the moving defendant has recourse to the

4-22     security furnished by the plaintiff in an amount determined by the

4-23     court.

4-24               (Sections 11.058-11.100 reserved for expansion

4-25             SUBCHAPTER C.  PROHIBITING FILING OF NEW LITIGATION

4-26           Sec. 11.101.  PREFILING ORDER; CONTEMPT.  (a)  A court may,

4-27     on its own motion or the motion of any party, enter an order

 5-1     prohibiting a person from filing, in propria persona, a new

 5-2     litigation in a court in this state if the court finds, after

 5-3     notice and hearing as provided by Subchapter B, that:

 5-4                 (1)  the person is a vexatious litigant; and

 5-5                 (2)  the local administrative judge of the court in

 5-6     which the person intends to file the litigation has not granted

 5-7     permission to the person under Section 11.102 to file the

 5-8     litigation.

 5-9           (b)  A person who disobeys an order under Subsection (a) is

5-10     subject to contempt of court.

5-11           Sec. 11.102.  PERMISSION BY LOCAL ADMINISTRATIVE JUDGE.  (a)

5-12     A local administrative judge may grant permission to a person found

5-13     to be a vexatious litigant under Section 11.101 to file a

5-14     litigation only if it appears to the judge that the litigation:

5-15                 (1)  has merit; and

5-16                 (2)  has not been filed for the purposes of harassment

5-17     or delay.

5-18           (b)  The local administrative judge may condition permission

5-19     on the furnishing of security for the benefit of the defendant as

5-20     provided in Subchapter B.

5-21           Sec. 11.103.  DUTIES OF CLERK; MISTAKEN FILING.  (a)  A clerk

5-22     of a court may not file a litigation presented by a vexatious

5-23     litigant subject to a prefiling order under Section 11.101 unless

5-24     the litigant obtains an order from the local administrative judge

5-25     permitting the filing.

5-26           (b)  If the clerk mistakenly files a litigation without an

5-27     order from the local administrative judge, any party may file with

 6-1     the clerk and serve on the plaintiff and the other parties to the

 6-2     suit a notice stating that the plaintiff is a vexatious litigant

 6-3     subject to a prefiling order under Section 11.101.  On the filing

 6-4     of the notice, the court shall immediately stay the litigation and

 6-5     shall dismiss the litigation unless the plaintiff, not later than

 6-6     the 10th day after the date the notice is filed, obtains an order

 6-7     from the local administrative judge under Section 11.102 permitting

 6-8     the filing of the litigation.

 6-9           (c)  If the local administrative judge issues an order

6-10     permitting the filing of the litigation under Subsection (b), the

6-11     litigation remains stayed and the defendant need not plead until

6-12     the 10th day after the date the defendant is served with a copy of

6-13     the order.

6-14           Sec. 11.104.  NOTICE TO OFFICE OF COURT ADMINISTRATION;

6-15     DISSEMINATION OF LIST.  (a)  A clerk of a court shall provide the

6-16     Office of Court Administration of the Texas Judicial System a copy

6-17     of any prefiling order issued under Section 11.101.

6-18           (b)  The Office of Court Administration of the Texas Judicial

6-19     System shall maintain a list of vexatious litigants subject to

6-20     prefiling orders under Section 11.101 and shall annually send the

6-21     list to the clerks of the courts of this state.

6-22           SECTION 2.  (a)  This Act takes effect September 1, 1997, and

6-23     applies only to the filing of a litigation, as that term is defined

6-24     by Section 11.001, Civil Practice and Remedies Code, as added by

6-25     this Act, on or after that date.

6-26           (b)  For the purpose of determining whether a person is a

6-27     vexatious litigant under Chapter 11, Civil Practice and Remedies

 7-1     Code, as added by this Act, only a litigation filed after the

 7-2     effective date of this Act may be taken into account.

 7-3           SECTION 3.  The importance of this legislation and the

 7-4     crowded condition of the calendars in both houses create an

 7-5     emergency and an imperative public necessity that the

 7-6     constitutional rule requiring bills to be read on three several

 7-7     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 3087 was passed by the House on May

         10, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 3087 on May 23, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 3087 was passed by the Senate, with

         amendments, on May 21, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor