81R1683 TJS-D

By: Harris S.B. No. 516

A BILL TO BE ENTITLED

AN ACT

relating to the filing of an affidavit stating that a plaintiff is not a vexatious litigant.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 11, Civil Practice and Remedies Code, is amended by adding Section 11.050 to read as follows:

Sec. 11.050. AFFIDAVIT REGARDING VEXATIOUS LITIGANT STATUS. (a) In a litigation in this state, the plaintiff must, on commencement of the litigation, file with the court a verified affidavit stating that:

(1) the plaintiff has not, in the seven-year period immediately before the date the plaintiff commences the litigation, commenced, prosecuted, or maintained five or more litigations other than in a small claims court that have been:

(A) finally determined adversely to the plaintiff;

(B) permitted to remain pending at least two years without having been brought to trial or hearing; or

(C) determined by a trial or appellate court to be frivolous or groundless under state or federal laws or rules of procedure;

(2) after litigation has been finally determined against the plaintiff, the plaintiff has not repeatedly relitigated or attempted to relitigate either:

(A) the validity of the determination against the same defendant as to whom the litigation was finally determined; or

(B) the cause of action, claim, controversy, or any of the issues of fact or law determined or concluded by the final determination against the same defendant as to whom the litigation was finally determined; and

(3) the plaintiff has not previously been declared to be a vexatious litigant by a state or federal court in an action or proceeding based on the same or substantially similar facts.

(b) A court clerk may not file a litigation by a plaintiff who does not provide a verified affidavit as required by Subsection (a) unless the plaintiff has obtained an order from a local administrative judge permitting the filing.

(c) A local administrative judge may grant permission to a person who does not provide a verified affidavit as required by Subsection (a) to file a litigation only if it appears to the judge that the litigation:

(1) has merit; and

(2) has not been filed for the purposes of harassment or delay.

(d) A local administrative judge who grants a plaintiff permission to file a litigation under Subsection (c) may condition permission on the plaintiff's furnishing security for the benefit of the defendant.

SECTION 2. The change in law made by this Act applies only to a litigation commenced on or after the effective date of this Act. A litigation commenced before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.