By Hopson                                             H.B. No. 1315
         77R4599 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the dismissal of a claim brought by an inmate.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 14.003(b), Civil Practice and Remedies
 1-5     Code, is amended to read as follows:
 1-6           (b)  In determining whether a claim is frivolous or
 1-7     malicious, the court may consider [whether]:
 1-8                 (1)  whether the claim's realistic chance of ultimate
 1-9     success is slight;
1-10                 (2)  whether the claim has no arguable basis in law or
1-11     in fact;
1-12                 (3)  whether it is clear that the party cannot prove
1-13     facts in support of the claim; [or]
1-14                 (4)  whether the claim is substantially similar to a
1-15     previous claim filed by the inmate because the claim arises from
1-16     the same operative facts; or
1-17                 (5)  that the substance of the claim has been filed in
1-18     and dismissed by a federal court.
1-19           SECTION 2. This Act takes effect September 1, 2001, and
1-20     applies only to a claim filed on or after that date.  A claim that
1-21     was filed before the effective date of this Act is governed by the
1-22     law applicable to the action immediately before the effective date
1-23     of this Act, and that law is continued in effect for that purpose.