By: Nixon S.B. No. 1147 97S0224/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to vexatious litigants. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-4 amended by adding Chapter 137 to read as follows: 1-5 CHAPTER 137. VEXATIOUS LITIGATION 1-6 Sec. 137.001. DEFINITIONS. In this chapter: 1-7 (1) "Defendant" means a person against whom a 1-8 litigation is brought or maintained or sought to be brought or 1-9 maintained. 1-10 (2) "Plaintiff" means the person who commences, 1-11 institutes, or maintains a litigation or causes it to be commenced, 1-12 instituted, or maintained. 1-13 (3) "Security" means cash, an undertaking by a surety, 1-14 or other security, of a nature and in an amount fixed by a court, 1-15 to assure payment, to the party for whose benefit the security is 1-16 required to be furnished, of such party's reasonable expenses, 1-17 including attorney's fees and not limited to taxable costs, 1-18 incurred in or in connection with a litigation instituted or caused 1-19 to be instituted or maintained or caused to be maintained by a 1-20 vexatious litigant. 1-21 (4) "Vexatious litigant" means any person who in the 1-22 immediately preceding five-year period has commenced, prosecuted, 1-23 or maintained in propria persona at least five litigations other 2-1 than in a small claims court that have been: 2-2 (A) finally determined adversely to the person; 2-3 or 2-4 (B) unjustifiably permitted to remain pending 2-5 for at least two years without having been brought to trial or 2-6 hearing. 2-7 Sec. 137.002. ORDER TO FURNISH SECURITY; AMOUNT. If, after 2-8 hearing evidence on a motion, the court determines that a plaintiff 2-9 is a vexatious litigant and that there is no reasonable probability 2-10 that the plaintiff will prevail in the litigation against the 2-11 moving defendant, the court shall order the plaintiff to furnish, 2-12 for the benefit of the moving defendant, security of a nature, in 2-13 an amount, and within a time determined by the court. The amount 2-14 of the security may thereafter from time to time be increased or 2-15 decreased, at the court's discretion, on a showing that the 2-16 security provided has or may become inadequate or excessive. 2-17 Sec. 137.003. DISMISSAL FOR FAILURE TO FURNISH SECURITY. 2-18 When security that has been ordered furnished under Section 137.002 2-19 is not furnished as ordered, the litigation shall be dismissed as 2-20 to the defendant for whose benefit the security was ordered 2-21 furnished. 2-22 Sec. 137.004. RECOURSE TO SECURITY UPON TERMINATION OF 2-23 LITIGATION. On termination of the litigation the defendant shall 2-24 have recourse to the security in an amount determined by the court. 2-25 Sec. 137.005. STAY OF PROCEEDINGS. When a motion pursuant 3-1 to this chapter is filed the litigation is stayed, and the moving 3-2 defendant need not plead, until 10 days after the motion shall have 3-3 been denied, or if the motion is granted, until 10 days after the 3-4 required security has been furnished and the moving defendant given 3-5 written notice thereof. 3-6 SECTION 2. This Act takes effect September 1, 1997. 3-7 SECTION 3. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended.