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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing of an affidavit stating that a plaintiff is |
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not a vexatious litigant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 11, Civil Practice and |
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Remedies Code, is amended by adding Section 11.050 to read as |
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follows: |
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Sec. 11.050. AFFIDAVIT REGARDING VEXATIOUS LITIGANT |
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STATUS. (a) In a litigation in this state, the plaintiff must, on |
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commencement of the litigation, file with the court a verified |
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affidavit stating that: |
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(1) the plaintiff has not, in the seven-year period |
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immediately before the date the plaintiff commences the litigation, |
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commenced, prosecuted, or maintained five or more litigations other |
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than in a small claims court that have been: |
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(A) finally determined adversely to the |
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plaintiff; |
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(B) permitted to remain pending at least two |
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years without having been brought to trial or hearing; or |
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(C) determined by a trial or appellate court to |
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be frivolous or groundless under state or federal laws or rules of |
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procedure; |
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(2) after litigation has been finally determined |
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against the plaintiff, the plaintiff has not repeatedly relitigated |
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or attempted to relitigate either: |
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(A) the validity of the determination against the |
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same defendant as to whom the litigation was finally determined; or |
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(B) the cause of action, claim, controversy, or |
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any of the issues of fact or law determined or concluded by the |
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final determination against the same defendant as to whom the |
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litigation was finally determined; and |
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(3) the plaintiff has not previously been declared to |
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be a vexatious litigant by a state or federal court in an action or |
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proceeding based on the same or substantially similar facts. |
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(b) A court clerk may not file a litigation by a plaintiff |
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who does not provide a verified affidavit as required by Subsection |
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(a) unless the plaintiff has obtained an order from a local |
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administrative judge permitting the filing. |
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(c) A local administrative judge may grant permission to a |
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person who does not provide a verified affidavit as required by |
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Subsection (a) to file a litigation only if it appears to the judge |
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that the litigation: |
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(1) has merit; and |
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(2) has not been filed for the purposes of harassment |
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or delay. |
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(d) A local administrative judge who grants a plaintiff |
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permission to file a litigation under Subsection (c) may condition |
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permission on the plaintiff's furnishing security for the benefit |
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of the defendant. |
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SECTION 2. The change in law made by this Act applies only |
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to a litigation commenced on or after the effective date of this |
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Act. A litigation commenced before the effective date of this Act |
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is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |