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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of a person as a vexatious litigant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.001(3), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(3) "Local administrative judge" means a local |
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administrative district judge, a local administrative statutory |
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probate court judge, or a local administrative statutory county
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court judge. |
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SECTION 2. Section 11.101, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) A litigant may appeal from a prefiling order entered |
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under Subsection (a) designating the person a vexatious litigant. |
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SECTION 3. Section 11.102, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) A decision of a local administrative judge denying a |
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litigant permission to file a litigation under Subsection (a), or |
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conditioning permission to file a litigation on the furnishing of |
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security under Subsection (b), is not grounds for appeal, except |
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that the litigant may apply for a writ of mandamus with the court of |
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appeals not later than the 30th day after the date of the decision. |
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The denial of a writ of mandamus by the court of appeals is not |
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grounds for appeal to the supreme court or court of criminal |
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appeals. |
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SECTION 4. Section 11.103, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(d) to read as follows: |
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(a) Except as provided by Subsection (d), a [A] clerk of a
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court may not file a litigation, original proceeding, appeal, or |
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other claim presented by a vexatious litigant subject to a
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prefiling order under Section 11.101 unless the litigant obtains an |
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order from the local administrative judge permitting the filing. |
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(d) A clerk of a court of appeals may file an appeal from a |
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prefiling order entered under Section 11.101 designating a person a |
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vexatious litigant or a timely filed writ of mandamus under Section |
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11.102(c). |
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SECTION 5. Section 11.104, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 11.104. NOTICE TO OFFICE OF COURT ADMINISTRATION; |
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DISSEMINATION OF LIST. (a) A clerk of a court shall provide the |
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Office of Court Administration of the Texas Judicial System a copy |
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of any prefiling order issued under Section 11.101 not later than |
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the 30th day after the date the prefiling order is signed.
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(b) The Office of Court Administration of the Texas Judicial |
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System shall post on the agency's Internet website [maintain] a
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list of vexatious litigants subject to prefiling orders under |
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Section 11.101 [and shall annually send the list to the clerks of |
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the courts of this state]. On request of a person designated a |
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vexatious litigant, the list shall indicate whether the person |
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designated a vexatious litigant has filed an appeal of that |
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designation. |
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SECTION 6. The posting, before the effective date of this |
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Act, of the name of a person designated a vexatious litigant under |
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Chapter 11, Civil Practice and Remedies Code, on a list of vexatious |
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litigants on the Internet website of the Office of Court |
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Administration of the Texas Judicial System is not: |
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(1) grounds for a cause of action; |
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(2) a defense against a finding that a plaintiff is a |
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vexatious litigant under Chapter 11, Civil Practice and Remedies |
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Code; or |
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(3) grounds for relief or appeal from a stay, order, or |
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dismissal or any other action taken by a court or a clerk of a court |
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under Chapter 11, Civil Practice and Remedies Code. |
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SECTION 7. This Act takes effect September 1, 2011. |