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.