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A BILL TO BE ENTITLED
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AN ACT
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relating to a motion for determining a plaintiff is a vexatious |
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litigant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.051, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 11.051. MOTION FOR ORDER DETERMINING PLAINTIFF A |
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VEXATIOUS LITIGANT AND REQUESTING SECURITY. In a litigation in |
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this state, [the defendant may,] on or before the 90th day after the |
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date the defendant files the original answer or makes a special |
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appearance: |
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(1) the defendant may file a motion requesting[, move |
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the court for] an order: |
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(A) [(1)] determining that the plaintiff is a |
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vexatious litigant; and |
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(B) [(2)] requiring the plaintiff to furnish |
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security; or |
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(2) the court on its own motion may conduct a hearing |
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under Section 11.053 to determine whether to issue an order finding |
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that the plaintiff is a vexatious litigant. |
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SECTION 2. Section 11.052(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) On the filing of a motion under Section 11.051, the |
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litigation is stayed and a [the moving] defendant subject to the |
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motion is not required to plead: |
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(1) if the motion is denied, before the 10th day after |
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the date it is denied; or |
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(2) if the motion is granted, before the 10th day after |
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the date the moving defendant receives written notice that the |
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plaintiff has furnished the required security. |
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SECTION 3. Section 11.053(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) On filing [receipt] of a motion under Section 11.051, |
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the court shall, after notice to all parties, conduct a hearing to |
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determine whether to grant the motion. |
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SECTION 4. Section 11.054, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 11.054. CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS |
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LITIGANT. A court may find a plaintiff a vexatious litigant if [the |
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defendant shows that] there is not a reasonable probability that |
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the plaintiff will prevail in the litigation against the defendant |
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and that: |
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(1) the plaintiff, in the seven-year period |
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immediately preceding the date [the defendant makes] the motion is |
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filed under Section 11.051, has commenced, prosecuted, or |
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maintained at least five litigations as a pro se litigant other than |
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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 a litigation has been finally determined |
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against the plaintiff, the plaintiff repeatedly relitigates or |
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attempts to relitigate, pro se, 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; or |
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(3) the plaintiff has previously been declared to be a |
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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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transition, or occurrence. |
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SECTION 5. Sections 11.055(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) A court shall order the plaintiff to furnish security |
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for the benefit of a [the] moving defendant if the court, after |
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hearing the evidence on the defendant's motion, determines that the |
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plaintiff is a vexatious litigant. |
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(c) The court shall provide that the security is an |
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undertaking by the plaintiff to assure payment to a [the] moving |
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defendant of the moving defendant's reasonable expenses incurred in |
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or in connection with a litigation commenced, caused to be |
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commenced, maintained, or caused to be maintained by the plaintiff, |
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including costs and attorney's fees. |
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SECTION 6. Section 11.057, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 11.057. DISMISSAL ON THE MERITS. If the litigation is |
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dismissed on its merits, a [the] moving defendant has recourse to |
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the security furnished by the plaintiff in an amount determined by |
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the court. |
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SECTION 7. The changes in law made by this Act apply only to |
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an action commencing on or after or pending on the effective date of |
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this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |