reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 13 - Affidavit of Inability to Pay Costs › Section 13.003. Free Transcript of Statement of Facts on Appeal

Sec. 13.003.  FREE TRANSCRIPT OF STATEMENT OF FACTS ON APPEAL.  (a)  Subject to Subsection (c), a court reporter shall provide without cost a statement of facts and a clerk of a court shall prepare a transcript for appealing a judgment from the court only if:
(1)  an affidavit of inability to pay the cost of the appeal has been filed under the Texas Rules of Appellate Procedure;  and
(2)  the trial judge finds:
(A)  the appeal is not frivolous;  and
(B)  the statement of facts and the clerk's transcript is needed to decide the issue presented by the appeal.
(b)  In determining whether an appeal is frivolous, a judge may consider whether the appellant has presented a substantial question for appellate review.
(c)  The trial judge may order a clerk of a court to prepare a transcript, or any part of the transcript, necessary for making the determination required by Subsection (a)(2).
Added by Acts 1993, 73rd Leg., ch. 861, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 467, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 13 - Affidavit of Inability to Pay Costs › Section 13.004. Inapplicability to Certain Claims

Sec. 13.004.  INAPPLICABILITY TO CERTAIN CLAIMS.  This chapter does not apply to a claim governed by Chapter 14.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 3, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.001. Definitions

Sec. 14.001.  DEFINITIONS.  In this chapter:
(1)  "Claim" means a cause of action governed by this chapter.
(2)  "Department" means the Texas Department of Criminal Justice.
(3)  "Inmate" means a person housed in a secure correctional facility.
(4)  "Secure correctional facility" has the meaning assigned by Section 1.07, Penal Code.
(5)  "Trust account" means an inmate's trust account administered by the department under Section 501.014, Government Code, by a facility under contract with the department, or by a jail.
(6)  "Unsworn declaration" means a document executed in accordance with Chapter 132.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.002. Scope of Chapter

Sec. 14.002.  SCOPE OF CHAPTER.  (a)  This chapter applies only to an action, including an appeal or original proceeding, brought by an inmate in a district, county, justice of the peace, or small claims court or an appellate court, including the supreme court or the court of criminal appeals, in which an affidavit or unsworn declaration of inability to pay costs is filed by the inmate.
(b)  This chapter does not apply to an action brought under the Family Code.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 12.01, eff. January 1, 2012.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.003. Dismissal of Claim

Sec. 14.003.  DISMISSAL OF CLAIM.  (a)  A court may dismiss a claim, either before or after service of process, if the court finds that:
(1)  the allegation of poverty in the affidavit or unsworn declaration is false;
(2)  the claim is frivolous or malicious;  or
(3)  the inmate filed an affidavit or unsworn declaration required by this chapter that the inmate knew was false.
(b)  In determining whether a claim is frivolous or malicious, the court may consider whether:
(1)  the claim's realistic chance of ultimate success is slight;
(2)  the claim has no arguable basis in law or in fact;
(3)  it is clear that the party cannot prove facts in support of the claim;  or
(4)  the claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts.
(c)  In determining whether Subsection (a) applies, the court may hold a hearing.  The hearing may be held before or after service of process, and it may be held on motion of the court, a party, or the clerk of the court.
(d)  On the filing of a motion under Subsection (c), the court shall suspend discovery relating to the claim pending the hearing.
(e)  A court that dismisses a claim brought by a person housed in a facility operated by or under contract with the department may notify the department of the dismissal and, on the court's own motion or the motion of any party or the clerk of the court, may advise the department that a mental health evaluation of the inmate may be appropriate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.004. Affidavit Relating to Previous Filings

Sec. 14.004.  AFFIDAVIT RELATING TO PREVIOUS FILINGS.  (a)  An inmate who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit or declaration:
(1)  identifying each action, other than an action under the Family Code, previously brought by the person and in which the person was not represented by an attorney, without regard to whether the person was an inmate at the time the action was brought; and
(2)  describing each action that was previously brought by:
(A)  stating the operative facts for which relief was sought;
(B)  listing the case name, cause number, and the court in which the action was brought;
(C)  identifying each party named in the action; and
(D)  stating the result of the action, including whether the action or a claim that was a basis for the action was dismissed as frivolous or malicious under Section 13.001 or Section 14.003 or otherwise.
(b)  If the affidavit or unsworn declaration filed under this section states that a previous action or claim was dismissed as frivolous or malicious, the affidavit or unsworn declaration must state the date of the final order affirming the dismissal.
(c)  The affidavit or unsworn declaration must be accompanied by the certified copy of the trust account statement required by Section 14.006(f).
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 12.02, eff. January 1, 2012.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.005. Grievance System Decision; Exhaustion of Administrative Remedies

Sec. 14.005.  GRIEVANCE SYSTEM DECISION;  EXHAUSTION OF ADMINISTRATIVE REMEDIES.  (a)  An inmate who files a claim that is subject to the grievance system established under Section 501.008, Government Code, shall file with the court:
(1)  an affidavit or unsworn declaration stating the date that the grievance was filed and the date the written decision described by Section 501.008(d), Government Code, was received by the inmate;  and
(2)  a copy of the written decision from the grievance system.
(b)  A court shall dismiss a claim if the inmate fails to file the claim before the 31st day after the date the inmate receives the written decision from the grievance system.
(c)  If a claim is filed before the grievance system procedure is complete, the court shall stay the proceeding with respect to the claim for a period not to exceed 180 days to permit completion of the grievance system procedure.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.006. Court Fees, Court Costs, Other Costs

Sec. 14.006.  COURT FEES, COURT COSTS, OTHER COSTS.  (a)  A court may order an inmate who has filed a claim to pay court fees, court costs, and other costs in accordance with this section and Section 14.007.  The clerk of the court shall mail a copy of the court's order and a certified bill of costs to the department or jail, as appropriate.
(b)  On the court's order, the inmate shall pay an amount equal to the lesser of:
(1)  20 percent of the preceding six months' deposits to the inmate's trust account;  or
(2)  the total amount of court fees and costs.
(c)  In each month following the month in which payment is made under Subsection (b), the inmate shall pay an amount equal to the lesser of:
(1)  10 percent of that month's deposits to the trust account;  or
(2)  the total amount of court fees and costs that remain unpaid.
(d)  Payments under Subsection (c) shall continue until the total amount of court fees and costs are paid or until the inmate is released from confinement.
(e)  On receipt of a copy of an order issued under Subsection (a), the department or jail shall withdraw money from the trust account in accordance with Subsections (b), (c), and (d).  The department or jail shall hold the money in a separate account and shall forward the money to the court clerk on the earlier of the following dates:
(1)  the date the total amount to be forwarded equals the total amount of court fees and costs that remains unpaid;  or
(2)  the date the inmate is released.
(f)  The inmate shall file a certified copy of the inmate's trust account statement with the court.  The statement must reflect the balance of the account at the time the claim is filed and activity in the account during the six months preceding the date on which the claim is filed.  The court may request the department or jail to furnish the information required under this subsection.
(g)  An inmate may authorize payment in addition to that required by this section.
(h)  The court may dismiss a claim if the inmate fails to pay fees and costs assessed under this section.
(i)  An inmate may not avoid the fees and costs assessed under this section by nonsuiting a party or by voluntarily dismissing the action.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.007. Other Costs

Sec. 14.007.  OTHER COSTS.  (a)  An order of a court under Section 14.006(a) shall include the costs described by Subsection (b) if the court finds that:
(1)  the inmate has previously filed an action to which this chapter applies; and
(2)  a final order has been issued that affirms that the action was dismissed as frivolous or malicious under Section 13.001 or Section 14.003 or otherwise.
(b)  Costs under Subsection (a) shall include, as costs of court, expenses incurred by the court or by the department, jail, or private facility operator, in connection with the claim and not otherwise charged to the inmate under Section 14.006, including:
(1)  expenses of service of process;
(2)  postage;  and
(3)  transportation, housing, or medical care incurred in connection with the appearance of the inmate in the court for any proceeding.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 12.03, eff. January 1, 2012.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.008. Hearing

Sec. 14.008.  HEARING.  (a)  The court may hold a hearing under this chapter at a jail or a facility operated by or under contract with the department or may conduct the hearing with video communications technology that permits the court to see and hear the inmate and that permits the inmate to see and hear the court and any other witness.
(b)  A hearing conducted under this section by video communications technology shall be recorded on videotape.  The recording is sufficient to serve as a permanent record of the hearing.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.009. Submission of Evidence

Sec. 14.009.  SUBMISSION OF EVIDENCE.  (a)  The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or written statement stating the substance of the testimony.
(b)  A written statement submitted under this section must be made under oath or made as an unsworn declaration under Section 132.001.
(c)  A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court requires.
(d)  A person submitting a written statement or document under this section is not required to appear at the hearing.
(e)  The court shall require that the inmate be provided with a copy of each written statement or document not later than 14 days before the date on which the hearing is to begin.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.010. Dismissal of Claim

Sec. 14.010.  DISMISSAL OF CLAIM.  (a)  The court may enter an order dismissing the entire claim or a portion of the claim under this chapter.
(b)  If a portion of the claim is dismissed, the court shall designate the issues and defendants on which the claim may proceed, subject to Sections 14.006 and 14.007.
(c)  An order under this section is not subject to interlocutory appeal by the inmate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.011. Effect on Other Claims

Sec. 14.011.  EFFECT ON OTHER CLAIMS.  (a)  Except as provided by Subsection (b), on receipt of an order assessing fees and costs under Section 14.006 that indicates that the court made the finding described by Section 14.007(a), a clerk of a court may not accept for filing another claim by the inmate until the fees and costs assessed under Section 14.006 are paid.
(b)  A court may allow an inmate who has not paid the fees and costs assessed against the inmate to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the inmate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.012. Questionnaire

Sec. 14.012.  QUESTIONNAIRE.  To implement this chapter, a court may develop, for use in that court, a questionnaire to be filed by the inmate.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.013. Review and Recommendation by Magistrates

Sec. 14.013.  REVIEW AND RECOMMENDATION BY MAGISTRATES.  (a)  The supreme court shall, by rule, adopt a system under which a court may refer a suit governed by this chapter to a magistrate for review and recommendation.
(b)  The system adopted under Subsection (a) may be funded from money appropriated to the supreme court or from money received by the supreme court through interagency contract or contracts.
(c)  For the purposes of Section 14.014, the adoption of a system by rule under Subsection (a) does not constitute a modification or repeal of a provision of this chapter.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14 - Inmate Litigation › Section 14.014. Conflict With Texas Rules of Civil Procedure

Sec. 14.014.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.  Notwithstanding Section 22.004, Government Code, this chapter may not be modified or repealed by a rule adopted by the supreme court.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter A. General Provisions › Section 14A.001. Definitions

Sec. 14A.001.  DEFINITIONS.  In this chapter:
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1
(1)  "Civilly committed individual" means a sexually violent predator as defined by Section 841.003, Health and Safety Code, who has been committed to a facility operated by or under contract with the Texas Civil Commitment Office.
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10
(1)  "Civilly committed individual" means a sexually violent predator as described by Section 841.003, Health and Safety Code, who has been committed to a facility operated by or under contract with the office.
(2)  "Claim" means a cause of action governed by this chapter.
(3)  "Office" means the Texas Civil Commitment Office.
(4)  "Trust account" means a civilly committed individual's trust account administered by the office or by a facility under contract with the office.
(5)  "Unsworn declaration" means a document executed in accordance with Chapter 132.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter A. General Provisions › Section 14A.002. Scope of Chapter

Sec. 14A.002.  SCOPE OF CHAPTER.  (a)  This chapter applies only to an action, including an appeal or original proceeding, brought by a civilly committed individual in a district, county, or justice court or an appellate court, including the supreme court or the court of criminal appeals, in which an affidavit or unsworn declaration of inability to pay costs is filed by the civilly committed individual.
(b)  This chapter does not apply to an action brought under the Family Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.051. Dismissal of False, Frivolous, or Malicious Claim

Sec. 14A.051.  DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS CLAIM.  (a)  A court may dismiss a claim, either before or after service of process, if the court finds that:
(1)  the allegation of poverty in the affidavit or unsworn declaration is false;
(2)  the claim is frivolous or malicious; or
(3)  the civilly committed individual filed an affidavit or unsworn declaration required by this chapter that the individual knew was false.
(b)  In determining whether a claim is frivolous or malicious, the court may consider whether:
(1)  the claim's realistic chance of ultimate success is slight;
(2)  the claim has no arguable basis in law or in fact;
(3)  it is clear that the civilly committed individual cannot prove the facts in support of the claim; or
(4)  the claim is substantially similar to a previous claim filed by the civilly committed individual because the claim arises from the same operative facts.
(c)  In determining whether Subsection (a) applies, the court may hold a hearing.  The hearing may be held before or after service of process, and it may be held on motion of the court, a party, or the court clerk.
(d)  On the filing of a motion under Subsection (c), the court shall suspend discovery relating to the claim pending the hearing.
(e)  A court that dismisses a claim brought by a civilly committed individual housed in a facility operated by or under contract with the office may notify the office of the dismissal and, on the court's own motion or the motion of any party or the court clerk, may advise the office that a mental health evaluation of the individual may be appropriate.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.052. Affidavit Relating to Previous Filings

Sec. 14A.052.  AFFIDAVIT RELATING TO PREVIOUS FILINGS.  (a)   A civilly committed individual who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit or declaration:
(1)  identifying the court that ordered the individual's civil commitment under Chapter 841, Health and Safety Code;
(2)  indicating whether any cause of action or allegation contained in the petition has previously been filed in any other court, and if so, stating the cause of action or allegation previously filed and complying with Subdivision (6) and Subsection (b);
(3)  identifying each action, other than an action under the Family Code, previously brought by the individual in which the individual was not represented by an attorney, without regard to whether the individual was civilly committed at the time the action was brought;
(4)  certifying that all grievance processes applicable to the matter that is the basis of the claim, if any, have been exhausted;
(5)  certifying that no court has found the individual to be a vexatious litigant under Chapter 11; and
(6)  describing each action that was previously brought by:
(A)  stating the operative facts for which relief was sought;
(B)  listing the case name, the cause number, and the court in which the action was brought;
(C)  identifying each party named in the action; and
(D)  stating the result of the action, including whether the action or a claim that was a basis for the action was dismissed as frivolous or malicious under Section 13.001, 14.003, or 14A.051 or otherwise.
(b)  If the affidavit or unsworn declaration filed under this section states that a previous action or claim was dismissed as frivolous or malicious, the affidavit or unsworn declaration must state the date of the final order affirming the dismissal.
(c)  The affidavit or unsworn declaration must be accompanied by the certified copy of the trust account statement required by Section 14A.054(f).
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.053. Grievance System Decision; Exhaustion of Administrative Remedies

Sec. 14A.053.  GRIEVANCE SYSTEM DECISION; EXHAUSTION OF ADMINISTRATIVE REMEDIES.  (a)  A civilly committed individual who files a claim that is subject to a grievance system established by the office or a facility under contract with the office shall file with the court:
(1)  an affidavit or unsworn declaration stating the date that the grievance was filed and the date the written decision was received by the individual; and
(2)  a copy of the written decision from the grievance system.
(b)  A court shall dismiss a claim if the civilly committed individual fails to file the claim before the 31st day after the date the individual receives the written decision from the grievance system.
(c)  If a claim is filed before the grievance system procedure is complete, the court shall stay the proceeding with respect to the claim for a period not to exceed 180 days to permit completion of the grievance system procedure.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.055. Other Costs

Sec. 14A.055.  OTHER COSTS.  (a)  An order under Section 14A.054(a) must include the costs described by Subsection (b) if the court finds that:
(1)  the civilly committed individual has previously filed an action to which this chapter or Chapter 14 applies; and
(2)  a final order has been issued that affirms that the action was dismissed as frivolous or malicious under Section 13.001, 14.003, or 14A.051 or otherwise.
(b)  If Subsection (a) applies, costs of court must include expenses incurred by the court or by the office or facility under contract with the office, in connection with the claim and not otherwise charged to the civilly committed individual under Section 14A.054, including:
(1)  expenses of service of process;
(2)  postage; and
(3)  transportation, housing, or medical care incurred in connection with the appearance of the individual in the court for any proceeding.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.056. Hearing

Sec. 14A.056.  HEARING.  (a)  The court may hold a hearing under this chapter at a facility operated by or under contract with the office or may conduct the hearing with video communications technology that permits the court to see and hear the civilly committed individual and that permits the individual to see and hear the court and any other witness.
(b)  A hearing conducted under this section by video communications technology shall be recorded on videotape or by other electronic means.  The recording is sufficient to serve as a permanent record of the hearing.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.057. Submission of Evidence

Sec. 14A.057.  SUBMISSION OF EVIDENCE.  (a)  The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or written statement stating the substance of the testimony.
(b)  A written statement submitted under this section must be made under oath or made as an unsworn declaration under Section 132.001.
(c)  A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court requires.
(d)  A person submitting a written statement or document under this section is not required to appear at the hearing.
(e)  The court shall require that the civilly committed individual be provided with a copy of each written statement or document not later than the 14th day before the date on which the hearing is to begin.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.058. Dismissal of Claim

Sec. 14A.058.  DISMISSAL OF CLAIM.  (a)  The court may enter an order dismissing the entire claim or a portion of the claim under this chapter.
(b)  If a portion of the claim is dismissed, the court shall designate the issues and defendants on which the claim may proceed, subject to Sections 14A.054 and 14A.055.
(c)  An order under this section is not subject to interlocutory appeal by the civilly committed individual.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.059. Effect on Other Claims

Sec. 14A.059.  EFFECT ON OTHER CLAIMS.  (a)  Except as provided by Subsection (b), on receipt of an order assessing fees and costs under Section 14A.054 that indicates that the court made the finding described by Section 14A.055(a), a court clerk may not accept for filing another claim by the civilly committed individual until the fees and costs assessed under Section 14A.054 are paid.
(b)  A court may allow a civilly committed individual who has not paid the fees and costs assessed against the individual to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the individual.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.060. Questionnaire

Sec. 14A.060.  QUESTIONNAIRE.  To implement this chapter, a court may develop, for use in that court, a questionnaire to be filed by the civilly committed individual.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.061. Review and Recommendation by Magistrates

Sec. 14A.061.  REVIEW AND RECOMMENDATION BY MAGISTRATES.  (a)  The supreme court shall, by rule, adopt a system under which a court may refer a suit governed by this chapter to a magistrate for review and recommendation.
(b)  The system adopted under Subsection (a) may be funded from money appropriated to the supreme court or from money received by the supreme court through interagency contract or contracts.
(c)  For the purposes of Section 14A.062, the adoption of a system by rule under Subsection (a) does not constitute a modification or repeal of a provision of this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 14A - Litigation by Civilly Committed Individual › Subchapter B. Dismissal of and Requirements for Claim › Section 14A.062. Conflict With Texas Rules of Civil Procedure

Sec. 14A.062.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.  Notwithstanding Section 22.004, Government Code, this chapter may not be modified or repealed by a rule adopted by the supreme court.
Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter A. Definitions; General Rules › Section 15.001. Definitions

Sec. 15.001.  DEFINITIONS.  In this chapter:
(a)  "Principal office" means a principal office of the corporation, unincorporated association, or partnership in this state in which the decision makers for the organization within this state conduct the daily affairs of the organization.  The mere presence of an agency or representative does not establish a principal office.
(b)  "Proper venue" means:
(1)  the venue required by the mandatory provisions of Subchapter B or another statute prescribing mandatory venue;  or
(2)  if Subdivision (1) does not apply, the venue provided by this subchapter or Subchapter C.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter A. Definitions; General Rules › Section 15.002. Venue: General Rule

Sec. 15.002.  VENUE:  GENERAL RULE.  (a)  Except as otherwise provided by this subchapter or Subchapter B or C, all lawsuits shall be brought:
(1)  in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(2)  in the county of defendant's residence at the time the cause of action accrued if defendant is a natural person;
(3)  in the county of the defendant's principal office in this state, if the defendant is not a natural person;  or
(4)  if Subdivisions (1), (2), and (3) do not apply, in the county in which the plaintiff resided at the time of the accrual of the cause of action.
(b)  For the convenience of the parties and witnesses and in the interest of justice, a court may transfer an action from a county of proper venue under this subchapter or Subchapter C to any other county of proper venue on motion of a defendant filed and served concurrently with or before the filing of the answer, where the court finds:
(1)  maintenance of the action in the county of suit would work an injustice to the movant considering the movant's economic and personal hardship;
(2)  the balance of interests of all the parties predominates in favor of the action being brought in the other county;  and
(3)  the transfer of the action would not work an injustice to any other party.
(c)  A court's ruling or decision to grant or deny a transfer under Subsection (b) is not grounds for appeal or mandamus and is not reversible error.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Civil Practice & Remedies Code Sec. 15.001 and amended by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter A. Definitions; General Rules › Section 15.003. Multiple Plaintiffs and Intervening Plaintiffs

Sec. 15.003.  MULTIPLE PLAINTIFFS AND INTERVENING PLAINTIFFS.  (a)  In a suit in which there is more than one plaintiff, whether the plaintiffs are included by joinder, by intervention, because the lawsuit was begun by more than one plaintiff, or otherwise, each plaintiff must, independently of every other plaintiff, establish proper venue.  If a plaintiff cannot independently establish proper venue, that plaintiff's part of the suit, including all of that plaintiff's claims and causes of action, must be transferred to a county of proper venue or dismissed, as is appropriate, unless that plaintiff, independently of every other plaintiff, establishes that:
(1)  joinder of that plaintiff or intervention in the suit by that plaintiff is proper under the Texas Rules of Civil Procedure;
(2)  maintaining venue as to that plaintiff in the county of suit does not unfairly prejudice another party to the suit;
(3)  there is an essential need to have that plaintiff's claim tried in the county in which the suit is pending;  and
(4)  the county in which the suit is pending is a fair and convenient venue for that plaintiff and all persons against whom the suit is brought.
(b)  An interlocutory appeal may be taken of a trial court's determination under Subsection (a) that:
(1)  a plaintiff did or did not independently establish proper venue;  or
(2)  a plaintiff that did not independently establish proper venue did or did not establish the items prescribed by Subsections (a)(1)-(4).
(c)  An interlocutory appeal permitted by Subsection (b) must be taken to the court of appeals district in which the trial court is located under the procedures established for interlocutory appeals.  The appeal may be taken by a party that is affected by the trial court's determination under Subsection (a). The court of appeals shall:
(1)  determine whether the trial court's order is proper based on an independent determination from the record and not under either an abuse of discretion or substantial evidence standard;  and
(2)  render judgment not later than the 120th day after the date the appeal is perfected.
(d)  An interlocutory appeal under Subsection (b) has the effect of staying the commencement of trial in the trial court pending resolution of the appeal.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2003, 78th Leg., ch. 204, Sec. 3.03, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter A. Definitions; General Rules › Section 15.004. Mandatory Venue Provisions Governs Multiple Claims

Sec. 15.004.  MANDATORY VENUE PROVISIONS GOVERNS MULTIPLE CLAIMS.  In a suit in which a plaintiff properly joins two or more claims or causes of action arising from the same transaction, occurrence, or series of transactions or occurrences, and one of the claims or causes of action is governed by the mandatory venue provisions of Subchapter B, the suit shall be brought in the county required by the mandatory venue provision.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter A. Definitions; General Rules › Section 15.005. Multiple Defendants

Sec. 15.005.  MULTIPLE DEFENDANTS.  In a suit in which the plaintiff has established proper venue against a defendant, the court also has venue of all the defendants in all claims or actions arising out of the same transaction, occurrence, or series of transactions or occurrences.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter A. Definitions; General Rules › Section 15.006. Venue Determined by Facts Existing at the Time of Accrual

Sec. 15.006.  VENUE DETERMINED BY FACTS EXISTING AT THE TIME OF ACCRUAL.  A court shall determine the venue of a suit based on the facts existing at the time the cause of action that is the basis of the suit accrued.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter A. Definitions; General Rules › Section 15.007. Conflict With Certain Provisions

Sec. 15.007.  CONFLICT WITH CERTAIN PROVISIONS.  Notwithstanding Sections 15.004, 15.005, and 15.031, to the extent that venue under this chapter for a suit by or against an executor, administrator, or guardian as such, for personal injury, death, or property damage conflicts with venue provisions under the Estates Code, this chapter controls.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.001, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.011. Land

Sec. 15.011.  LAND.  Actions for recovery of real property or an estate or interest in real property, for partition of real property, to remove encumbrances from the title to real property, for recovery of damages to real property, or to quiet title to real property shall be brought in the county in which all or a part of the property is located.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 138, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.0115. Landlord-Tenant

Sec. 15.0115.  LANDLORD-TENANT.  (a)  Except as provided by another statute prescribing mandatory venue, a suit between a landlord and a tenant arising under a lease shall be brought in the county in which all or a part of the real property is located.
(b)  In this section, "lease" means any written or oral agreement between a landlord and a tenant that establishes or modifies the terms, conditions, or other provisions relating to the use and occupancy of the real property that is the subject of the agreement.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.012. Injunction Against Suit

Sec. 15.012.  INJUNCTION AGAINST SUIT.  Actions to stay proceedings in a suit shall be brought in the county in which the suit is pending.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.013. Injunction Against Execution of Judgment

Sec. 15.013.  INJUNCTION AGAINST EXECUTION OF JUDGMENT.  Actions to restrain execution of a judgment based on invalidity of the judgment or of the writ shall be brought in the county in which the judgment was rendered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.014. Head of State Department

Sec. 15.014.  HEAD OF STATE DEPARTMENT.  An action for mandamus against the head of a department of the state government shall be brought in Travis County.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.015. Counties

Sec. 15.015.  COUNTIES.  An action against a county shall be brought in that county.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.0151. Certain Political Subdivisions

Sec. 15.0151.  CERTAIN POLITICAL SUBDIVISIONS.  (a)  Except as provided by a law not contained in this chapter, an action against a political subdivision that is located in a county with a population of 100,000 or less shall be brought in the county in which the political subdivision is located.  If the political subdivision is located in more than one county and the population of each county is 100,000 or less, the action shall be brought in any county in which the political subdivision is located.
(b)  In this section, "political subdivision" means a governmental entity in this state, other than a county, that is not a state agency.  The term includes a municipality, school or junior college district, hospital district, or any other special purpose district or authority.
Added by Acts 1997, 75th Leg., ch. 733, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.016. Other Mandatory Venue

Sec. 15.016.  OTHER MANDATORY VENUE.  An action governed by any other statute prescribing mandatory venue shall be brought in the county required by that statute.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.017. Libel, Slander, or Invasion of Privacy

Sec. 15.017.  LIBEL, SLANDER, OR INVASION OF PRIVACY.  A suit for damages for libel, slander, or invasion of privacy shall be brought and can only be maintained in the county in which the plaintiff resided at the time of the accrual of the cause of action, or in the county in which the defendant resided at the time of filing suit, or in the county of the residence of defendants, or any of them, or the domicile of any corporate defendant, at the election of the plaintiff.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 15 - Venue › Subchapter B. Mandatory Venue › Section 15.018. Federal Employers' Liability Act

Sec. 15.018.  FEDERAL EMPLOYERS' LIABILITY ACT.  (a)  This section only applies to suits brought under the federal Employers' Liability Act (45 U.S.C. Section 51 et seq.).
(b)  All suits brought under the federal Employers' Liability Act shall be brought:
(1)  in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(2)  in the county where the defendant's principal office in this state is located; or
(3)  in the county where the plaintiff resided at the time the cause of action accrued.
Added by Acts 1995, 74th Leg., ch. 138, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 203 (H.B. 1602), Sec. 1, eff. May 24, 2007.