By Hartnett H.B. No. 3087
75R8429 DAK-D
A BILL TO BE ENTITLED
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. Title 2, Civil Practice and Remedies Code, is
1-6 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 IS A
2-2 VEXATIOUS LITIGANT AND REQUESTING SECURITY. In a litigation in
2-3 this state, the defendant may, at any time until final judgment is
2-4 entered, move the court for an order:
2-5 (1) determining that the plaintiff is a vexatious
2-6 litigant; and
2-7 (2) requiring the plaintiff to furnish security.
2-8 Sec. 11.052. STAY OF PROCEEDINGS ON FILING OF MOTION. (a)
2-9 On the filing of a motion under Section 11.051 before the date the
2-10 trial starts, the litigation is stayed and the moving defendant is
2-11 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; or
3-12 (B) unjustifiably permitted to remain pending at
3-13 least two years without having been brought to trial or hearing;
3-14 (2) after a litigation has been finally determined
3-15 against the plaintiff, the plaintiff repeatedly relitigates or
3-16 attempts to relitigate, in propria persona, either:
3-17 (A) the validity of the determination against
3-18 the same defendant as to whom the litigation was finally
3-19 determined; or
3-20 (B) the cause of action, claim, controversy, or
3-21 any of the issues of fact or law determined or concluded by the
3-22 final determination against the same defendant as to whom the
3-23 litigation was finally determined; or
3-24 (3) the plaintiff has previously been declared to be a
3-25 vexatious litigant by a state or federal court in an action or
3-26 proceeding based on the same or substantially similar facts,
3-27 transition, or occurrence.
4-1 Sec. 11.055. SECURITY. (a) A court shall order the
4-2 plaintiff to furnish security for the benefit of the moving
4-3 defendant if the court, after hearing the evidence on the motion,
4-4 determines that the plaintiff is a vexatious litigant.
4-5 (b) The court in its discretion shall determine the date by
4-6 which the security must be furnished.
4-7 (c) The court shall provide that the security is an
4-8 undertaking by the plaintiff to assure payment to the moving
4-9 defendant of the moving defendant's reasonable expenses incurred in
4-10 or in connection with a litigation commenced, caused to be
4-11 commenced, maintained, or caused to be maintained by the plaintiff,
4-12 including costs and attorney's fees.
4-13 Sec. 11.056. DISMISSAL FOR FAILURE TO FURNISH SECURITY. The
4-14 court shall dismiss a litigation as to a moving defendant if a
4-15 plaintiff ordered to furnish security does not furnish the security
4-16 within the time set by the order.
4-17 Sec. 11.057. DISMISSAL ON THE MERITS. If the litigation is
4-18 dismissed on its merits, the moving defendant has recourse to the
4-19 security furnished by the plaintiff in an amount determined by the
4-20 court.
4-21 (Sections 11.058-11.100 reserved for expansion
4-22 SUBCHAPTER C. PROHIBITING THE FILING OF NEW LITIGATION
4-23 Sec. 11.101. PREFILING ORDER; CONTEMPT. (a) A court may,
4-24 on its own motion or the motion of any party, enter an order
4-25 prohibiting a person from filing, in propria persona, a new
4-26 litigation in a court in this state if the court finds, after
4-27 notice and hearing as provided by Subchapter B, that:
5-1 (1) the person is a vexatious litigant; and
5-2 (2) the local administrative judge of the court in
5-3 which the person intends to file the litigation has not granted
5-4 permission to the person under Section 11.102 to file the
5-5 litigation.
5-6 (b) A person who disobeys an order under Subsection (a) is
5-7 subject to contempt of court.
5-8 Sec. 11.102. PERMISSION BY THE LOCAL ADMINISTRATIVE JUDGE.
5-9 (a) A local administrative judge may grant permission to a person
5-10 found to be a vexatious litigant under Section 11.101 to file a
5-11 litigation only if it appears to the judge that the litigation:
5-12 (1) has merit; and
5-13 (2) has not been filed for the purposes of harassment
5-14 or delay.
5-15 (b) The local administrative judge may condition permission
5-16 on the furnishing of security for the benefit of the defendant as
5-17 provided in Subchapter B.
5-18 Sec. 11.103. DUTIES OF THE CLERK; MISTAKEN FILING. (a) A
5-19 clerk of a court may not file a litigation presented by a vexatious
5-20 litigant subject to a prefiling order under Section 11.101 unless
5-21 the litigant obtains an order from the local administrative judge
5-22 permitting the filing.
5-23 (b) If the clerk mistakenly files a litigation without an
5-24 order from the local administrative judge, any party may file with
5-25 the clerk and serve on the plaintiff and the other parties to the
5-26 suit a notice stating that the plaintiff is a vexatious litigant
5-27 subject to a prefiling order under Section 11.101. On the filing
6-1 of the notice, the court shall immediately stay the litigation and
6-2 shall dismiss the litigation unless the plaintiff, not later than
6-3 the 10th day after the date the notice is filed, obtains an order
6-4 from the local administrative judge under Section 11.102 permitting
6-5 the filing of the litigation.
6-6 (c) If the local administrative judge issues an order
6-7 permitting the filing of the litigation under Subsection (b), the
6-8 litigation remains stayed and the defendant need not plead until
6-9 the 10th day after the date the defendant is served with a copy of
6-10 the order.
6-11 Sec. 11.104. NOTICE TO OFFICE OF COURT ADMINISTRATION;
6-12 DISSEMINATION OF LIST. (a) A clerk of a court shall provide the
6-13 Office of Court Administration of the Texas Judicial System a copy
6-14 of any prefiling order issued under Section 11.101.
6-15 (b) The Office of Court Administration of the Texas Judicial
6-16 System shall maintain a list of vexatious litigants subject to
6-17 prefiling orders under Section 11.101 and shall annually send the
6-18 list to the clerks of the courts of this state.
6-19 SECTION 2. (a) This Act takes effect September 1, 1997, and
6-20 applies only to the filing of a litigation, as that term is defined
6-21 by Section 11.001, Civil Practice and Remedies Code, as added by
6-22 this Act, on or after that date.
6-23 (b) For the purpose of determining whether a person is a
6-24 vexatious litigant under Chapter 11, Civil Practice and Remedies
6-25 Code, as added by this Act, a litigation filed before the effective
6-26 date of this Act may be taken into account.
6-27 SECTION 3. The importance of this legislation and the
7-1 crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended.