reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 7 - Liability of Court Officers › Subchapter A. Liability of Officer › Section 7.002. Liability for Deposits Pending Suit

Sec. 7.002.  LIABILITY FOR DEPOSITS PENDING SUIT.  (a)  An officer who has custody of a sum of money, a debt, an instrument, or other property paid to or deposited with a court pending the outcome of a cause of action shall seal the property in a secure package in a safe or bank vault that is accessible and subject to the control of the court.
(b)  The officer shall keep in his office as part of his records an itemized inventory of property deposited with the court.  The inventory must list the disposition of the property and the account for which the property was received.
(c)  At the expiration of the officer's term, the officer shall transfer all deposited property and the inventory to the officer's successor in office.  The successor shall give a receipt for the transferred property and the inventory.
(d)  This section does not exempt an officer or the officer's surety from liability on the officer's bond due to neglect or other default in regard to the deposited property.
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 A - General Provisions › Chapter 7 - Liability of Court Officers › Subchapter A. Liability of Officer › Section 7.003. Liability Regarding Execution of Writs

Sec. 7.003.  LIABILITY REGARDING EXECUTION OF WRITS.
(a)  Except as provided by Section 34.061, an officer is not liable for damages resulting from the execution of a writ issued by a court of this state if the officer  in good faith executes or attempts to execute the writ as provided by law and by the Texas Rules of Civil Procedure.
(b)  An officer shall execute a writ issued by a court of this state without requiring that bond be posted for the indemnification of the officer.
(c)  An officer shows that the officer acted in good faith when the officer shows that a reasonably prudent officer, under the same or similar circumstances, could have believed that the officer's conduct was justified based on the information the officer possessed when the conduct occurred.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 7 - Liability of Court Officers › Subchapter B. Liability of Attorney › Section 7.011. Attorney's Liability for Costs

Sec. 7.011.  ATTORNEY'S LIABILITY FOR COSTS.  An attorney who is not a party to a civil proceeding is not liable for payment of costs incurred by a party to the proceeding.
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 A - General Provisions › Chapter 7 - Liability of Court Officers › Subchapter C. Suit on Official Bonds › Section 7.021. Suit on Official Bonds

Sec. 7.021.  SUIT ON OFFICIAL BONDS.  Suit may be brought in the name of this state alone on an official bond for the benefit of all the parties entitled to recover on the bond if:
(1)  the bond is made payable to this state or to an officer of this state;  and
(2)  a recovery on the bond is authorized by or would inure to the benefit of parties other than this state.
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 A - General Provisions › Chapter 8 - State Exemption From Certain Fees: Fees Paid by Opposing Party › Section 8.01. State Exemption

Sec. 8.01.  STATE EXEMPTION.  The state is exempt from the payment of the filing fee imposed by Section 51.701, Government Code.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.01(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 8 - State Exemption From Certain Fees: Fees Paid by Opposing Party › Section 8.02. Fee Paid by Opposing Party

Sec. 8.02.  FEE PAID BY OPPOSING PARTY.  If the state prevails in a lawsuit, the opposing party shall pay the entire amount of any filing fee attributable to the state, including any amount exempted under Section 8.01.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.01(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter A. General Provisions › Section 9.001. Definitions

Sec. 9.001.  DEFINITIONS.  In this chapter:
(1)  "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, or intervenor, seeking recovery of damages.  In an action in which a party seeks recovery of damages for injury to another person, damage to the property of another person, death of another person, or other harm to another person, "claimant" includes both that other person and the party seeking recovery of damages.
(2)  "Defendant" means a party, including a counterdefendant, cross-defendant, or third-party defendant, from whom a claimant seeks relief.
(3)  "Groundless" means:
(A)  no basis in fact;  or
(B)  not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.
(4)  "Pleading" includes a motion.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter A. General Provisions › Section 9.002. Applicability

Sec. 9.002.  APPLICABILITY.  (a)  This chapter applies to an action in which a claimant seeks:
(1)  damages for personal injury, property damage, or death, regardless of the legal theories or statutes on the basis of which recovery is sought, including an action based on intentional conduct, negligence, strict tort liability, products liability (whether strict or otherwise), or breach of warranty;  or
(2)  damages other than for personal injury, property damage, or death resulting from any tortious conduct, regardless of the legal theories or statutes on the basis of which recovery is sought, including libel, slander, or tortious interference with a contract or other business relation.
(b)  This chapter applies to any party who is a claimant or defendant, including but not limited to:
(1)  a county;
(2)  a municipality;
(3)  a public school district;
(4)  a public junior college district;
(5)  a charitable organization;
(6)  a nonprofit organization;
(7)  a hospital district;
(8)  a hospital authority;
(9)  any other political subdivision of the state;  and
(10)  the State of Texas.
(c)  In an action to which this chapter applies, the provisions of this chapter prevail over all other law to the extent of any conflict.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter A. General Provisions › Section 9.003. Texas Rules of Civil Procedure

Sec. 9.003.  TEXAS RULES OF CIVIL PROCEDURE.  This chapter does not alter the Texas Rules of Civil Procedure or the Texas Rules of Appellate Procedure.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter A. General Provisions › Section 9.004. Applicability

Sec. 9.004.  APPLICABILITY.  This chapter does not apply to the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or to Chapter 21, Insurance Code.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter B. Signing of Pleadings › Section 9.011. Signing of Pleadings

Sec. 9.011.  SIGNING OF PLEADINGS.  The signing of a pleading as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry, the pleading is not:
(1)  groundless and brought in bad faith;
(2)  groundless and brought for the purpose of harassment;  or
(3)  groundless and interposed for any improper purpose, such as to cause unnecessary delay or needless increase in the cost of litigation.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter B. Signing of Pleadings › Section 9.012. Violation; Sanction

Sec. 9.012.  VIOLATION;  SANCTION.  (a)  At the trial of the action or at any hearing inquiring into the facts and law of the action, after reasonable notice to the parties, the court may on its own motion, or shall on the motion of any party to the action, determine if a pleading has been signed in violation of any one of the standards prescribed by Section 9.011.
(b)  In making its determination of whether a pleading has been signed in violation of any one of the standards prescribed by Section 9.011, the court shall take into account:
(1)  the multiplicity of parties;
(2)  the complexity of the claims and defenses;
(3)  the length of time available to the party to investigate and conduct discovery;  and
(4)  affidavits, depositions, and any other relevant matter.
(c)  If the court determines that a pleading has been signed in violation of any one of the standards prescribed by Section 9.011, the court shall, not earlier than 90 days after the date of the determination, at the trial or hearing or at a separate hearing following reasonable notice to the offending party, impose an appropriate sanction on the signatory, a represented party, or both.
(d)  The court may not order an offending party to pay the incurred expenses of a party who stands in opposition to the offending pleading if, before the 90th day after the court makes a determination under Subsection (a), the offending party withdraws the pleading or amends the pleading to the satisfaction of the court or moves for dismissal of the pleading or the offending portion of the pleading.
(e)  The sanction may include one or more of the following:
(1)  the striking of a pleading or the offending portion thereof;
(2)  the dismissal of a party;  or
(3)  an order to pay to a party who stands in opposition to the offending pleading the amount of the reasonable expenses incurred because of the filing of the pleading, including costs, reasonable attorney's fees, witness fees, fees of experts, and deposition expenses.
(f)  The court may not order an offending party to pay the incurred expenses of a party who stands in opposition to the offending pleading if the court has, with respect to the same subject matter, imposed sanctions on the party who stands in opposition to the offending pleading under the Texas Rules of Civil Procedure.
(g)  All determinations and orders pursuant to this chapter are solely for purposes of this chapter and shall not be the basis of any liability, sanction, or grievance other than as expressly provided in this chapter.
(h)  This section does not apply to any proceeding to which Section 10.004 or Rule 13, Texas Rules of Civil Procedure, applies.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.  Amended by Acts 1999, 76th Leg., ch. 1111, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter B. Signing of Pleadings › Section 9.013. Report to Grievance Committee

Sec. 9.013.  REPORT TO GRIEVANCE COMMITTEE.  (a)  If the court imposes a sanction against an offending party under Section 9.012, the offending party is represented by an attorney who signed the pleading in violation of any one of the standards under Section 9.011, and the court finds that the attorney has consistently engaged in activity that results in sanctions under Section 9.012, the court shall report its finding to an appropriate grievance committee as provided by the State Bar Act (Article 320a-1, Vernon's Texas Civil Statutes) or by a similar law in the jurisdiction in which the attorney resides.
(b)  The report must contain:
(1)  the name of the attorney who represented the offending party;
(2)  the finding by the court that the pleading was signed in violation of any one of the standards under Section 9.011;
(3)  a description of the sanctions imposed against the signatory and the offending party;  and
(4)  the finding that the attorney has consistently engaged in activity that results in sanctions under Section 9.012.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 9 - Frivolous Pleadings and Claims › Subchapter B. Signing of Pleadings › Section 9.014. Pleadings Not Frivolous

Sec. 9.014.  PLEADINGS NOT FRIVOLOUS.  (a)  A general denial does not constitute a violation of any of the standards prescribed by Section 9.011.
(b)  The amount requested for damages in a pleading does not constitute a violation of any of the standards prescribed by Section 9.011.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 10 - Sanctions for Frivolous Pleadings and Motions › Section 10.001. Signing of Pleadings and Motions

Sec. 10.001.  SIGNING OF PLEADINGS AND MOTIONS.  The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry:
(1)  the pleading or motion is not being presented for any improper purpose, including to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2)  each claim, defense, or other legal contention in the pleading or motion is warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3)  each allegation or other factual contention in the pleading or motion has evidentiary support or, for a specifically identified allegation or factual contention, is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;  and
(4)  each denial in the pleading or motion of a factual contention is warranted on the evidence or, for a specifically identified denial, is reasonably based on a lack of information or belief.
Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 10 - Sanctions for Frivolous Pleadings and Motions › Section 10.002. Motion for Sanctions

Sec. 10.002.  MOTION FOR SANCTIONS.  (a)  A party may make a motion for sanctions, describing the specific conduct violating Section 10.001.
(b)  The court on its own initiative may enter an order describing the specific conduct that appears to violate Section 10.001 and direct the alleged violator to show cause why the conduct has not violated that section.
(c)  The court may award to a party prevailing on a motion under this section the reasonable expenses and attorney's fees incurred in presenting or opposing the motion, and if no due diligence is shown the court may award to the prevailing party all costs for inconvenience, harassment, and out-of-pocket expenses incurred or caused by the subject litigation.
Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 10 - Sanctions for Frivolous Pleadings and Motions › Section 10.003. Notice and Opportunity to Respond

Sec. 10.003.  NOTICE AND OPPORTUNITY TO RESPOND.  The court shall provide a party who is the subject of a motion for sanctions under Section 10.002 notice of the allegations and a reasonable opportunity to respond to the allegations.
Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 10 - Sanctions for Frivolous Pleadings and Motions › Section 10.004. Violation; Sanction

Sec. 10.004.  VIOLATION;  SANCTION.  (a)  A court that determines that a person has signed a pleading or motion in violation of Section 10.001 may impose a sanction on the person, a party represented by the person, or both.
(b)  The sanction must be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated.
(c)  A sanction may include any of the following:
(1)  a directive to the violator to perform, or refrain from performing, an act;
(2)  an order to pay a penalty into court;  and
(3)  an order to pay to the other party the amount of the reasonable expenses incurred by the other party because of the filing of the pleading or motion, including reasonable attorney's fees.
(d)  The court may not award monetary sanctions against a represented party for a violation of Section 10.001(2).
(e)  The court may not award monetary sanctions on its own initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party or the party's attorney who is to be sanctioned.
(f)  The filing of a general denial under Rule 92, Texas Rules of Civil Procedure, shall not be deemed a violation of this chapter.
Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 10 - Sanctions for Frivolous Pleadings and Motions › Section 10.005. Order

Sec. 10.005.  ORDER.  A court shall describe in an order imposing a sanction under this chapter the conduct the court has determined violated Section 10.001 and explain the basis for the sanction imposed.
Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 10 - Sanctions for Frivolous Pleadings and Motions › Section 10.006. Conflict

Sec. 10.006.  CONFLICT.  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this chapter.
Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter A. General Provisions › Section 11.001. Definitions

Sec. 11.001.  DEFINITIONS.  In this chapter:
(1)  "Defendant" means a person or governmental entity against whom a plaintiff commences or maintains or seeks to commence or maintain a litigation.
(2)  "Litigation" means a civil action commenced, maintained, or pending in any state or federal court.
(3)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1224, Sec. 10, eff. September 1, 2013.
(4)  "Moving defendant" means a defendant who moves for an order under Section 11.051 determining that a plaintiff is a vexatious litigant and requesting security.
(5)  "Plaintiff" means an individual who commences or maintains a litigation pro se.
Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 9.01, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter A. General Provisions › Section 11.002. Applicability

Sec. 11.002.  APPLICABILITY.  (a)  This chapter does not apply to an attorney licensed to practice law in this state unless the attorney proceeds pro se.
(b)  This chapter does not apply to a municipal court.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter B. Vexatious Litigants › Section 11.051. Motion for Order Determining Plaintiff a Vexatious Litigant and Requesting Security

Sec. 11.051.  MOTION FOR ORDER DETERMINING PLAINTIFF A VEXATIOUS LITIGANT AND REQUESTING SECURITY.  In a litigation in this state, the defendant may, on or before the 90th day after the date the defendant files the original answer or makes a special appearance, move the court for an order:
(1)  determining that the plaintiff is a vexatious litigant;  and
(2)  requiring the plaintiff to furnish security.
Added by Acts 1997, 75th Leg., ch. 806, 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 11 - Vexatious Litigants › Subchapter B. Vexatious Litigants › Section 11.052. Stay of Proceedings on Filing of Motion

Sec. 11.052.  STAY OF PROCEEDINGS ON FILING OF MOTION.  (a)  On the filing of a motion under Section 11.051, the litigation is stayed and the moving defendant is not required to plead:
(1)  if the motion is denied, before the 10th day after the date it is denied;  or
(2)  if the motion is granted, before the 10th day after the date the moving defendant receives written notice that the plaintiff has furnished the required security.
(b)  On the filing of a motion under Section 11.051 on or after the date the trial starts, the litigation is stayed for a period the court determines.
Added by Acts 1997, 75th Leg., ch. 806, 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 11 - Vexatious Litigants › Subchapter B. Vexatious Litigants › Section 11.053. Hearing

Sec. 11.053.  HEARING.  (a)  On receipt of a motion under Section 11.051, the court shall, after notice to all parties, conduct a hearing to determine whether to grant the motion.
(b)  The court may consider any evidence material to the ground of the motion, including:
(1)  written or oral evidence;  and
(2)  evidence presented by witnesses or by affidavit.
Added by Acts 1997, 75th Leg., ch. 806, 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 11 - Vexatious Litigants › Subchapter B. Vexatious Litigants › Section 11.054. Criteria for Finding Plaintiff a Vexatious Litigant

Sec. 11.054.  CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS LITIGANT.  A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail in the litigation against the defendant and that:
(1)  the plaintiff, in the seven-year period immediately preceding the date the defendant makes the motion under Section 11.051, has commenced, prosecuted, or maintained at least five litigations as a pro se litigant 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 a litigation has been finally determined against the plaintiff, the plaintiff repeatedly relitigates or attempts to relitigate, pro se, 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; or
(3)  the plaintiff has 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, transition, or occurrence.
Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter B. Vexatious Litigants › Section 11.055. Security

Sec. 11.055.  SECURITY.  (a)  A court shall order the plaintiff to furnish security for the benefit of the moving defendant if the court, after hearing the evidence on the motion, determines that the plaintiff is a vexatious litigant.
(b)  The court in its discretion shall determine the date by which the security must be furnished.
(c)  The court shall provide that the security is an undertaking by the plaintiff to assure payment to the moving defendant of the moving defendant's reasonable expenses incurred in or in connection with a litigation commenced, caused to be commenced, maintained, or caused to be maintained by the plaintiff, including costs and attorney's fees.
Added by Acts 1997, 75th Leg., ch. 806, 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 11 - Vexatious Litigants › Subchapter B. Vexatious Litigants › Section 11.056. Dismissal for Failure to Furnish Security

Sec. 11.056.  DISMISSAL FOR FAILURE TO FURNISH SECURITY.  The court shall dismiss a litigation as to a moving defendant if a plaintiff ordered to furnish security does not furnish the security within the time set by the order.
Added by Acts 1997, 75th Leg., ch. 806, 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 11 - Vexatious Litigants › Subchapter B. Vexatious Litigants › Section 11.057. Dismissal on the Merits

Sec. 11.057.  DISMISSAL ON THE MERITS.  If the litigation is dismissed on its merits, the moving defendant has recourse to the security furnished by the plaintiff in an amount determined by the court.
Added by Acts 1997, 75th Leg., ch. 806, 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 11 - Vexatious Litigants › Subchapter C. Prohibiting Filing of New Litigation › Section 11.101. Prefiling Order; Contempt

Sec. 11.101.  PREFILING ORDER;  CONTEMPT.
(a)  A court may, on its own motion or the motion of any party, enter an order prohibiting a person from filing, pro se, a new litigation in a court to which the order applies under this section without permission of the appropriate local administrative judge described by Section 11.102(a) to file the litigation if the court finds, after notice and hearing as provided by Subchapter B, that  the person is a vexatious litigant.
(b)  A person who disobeys an order under Subsection (a) is subject to contempt of court.
(c)  A litigant may appeal from a prefiling order entered under Subsection (a) designating the person a vexatious litigant.
(d)  A prefiling order entered under Subsection (a) by a justice or constitutional county court applies only to the court that entered the order.
(e)  A prefiling order entered under Subsection (a) by a district or statutory county court applies to each court in this state.
Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 9.02, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter C. Prohibiting Filing of New Litigation › Section 11.102. Permission by Local Administrative Judge

Sec. 11.102.  PERMISSION BY LOCAL ADMINISTRATIVE JUDGE.  (a)  A vexatious litigant subject to a prefiling order under Section 11.101 is prohibited from filing, pro se, new litigation in a court to which the order applies without seeking the permission of:
(1)  the local administrative judge of the type of court in which the vexatious litigant intends to file, except as provided by Subdivision (2); or
(2)  the local administrative district judge of the county in which the vexatious litigant intends to file if the litigant intends to file in a justice or constitutional county court.
(b)  A vexatious litigant subject to a prefiling order under Section 11.101 who files a request seeking permission to file a litigation shall provide a copy of the request to all defendants named in the proposed litigation.
(c)  The appropriate local administrative judge described by Subsection (a) may make a determination on the request with or without a hearing.  If the judge determines that a hearing is necessary, the judge may require that the vexatious litigant filing a request under Subsection (b) provide notice of the hearing to all defendants named in the proposed litigation.
(d)  The appropriate local administrative judge described by Subsection (a) may grant permission to a vexatious litigant subject to a prefiling order under Section 11.101 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.
(e)  The appropriate local administrative judge described by Subsection (a) may condition permission on the furnishing of security for the benefit of the defendant as provided in Subchapter B.
(f)  A decision of the appropriate local administrative judge described by Subsection (a) denying a litigant permission to file a litigation under Subsection (d), or conditioning permission to file a litigation on the furnishing of security under Subsection (e), is not grounds for appeal, except that the litigant may apply for a writ of mandamus with the court of appeals not later than the 30th day after the date of the decision.  The denial of a writ of mandamus by the court of appeals is not grounds for appeal to the supreme court or court of criminal appeals.
Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 9.03, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter C. Prohibiting Filing of New Litigation › Section 11.103. Duties of Clerk

Sec. 11.103.  DUTIES OF CLERK.  (a)  Except as provided by Subsection (d), a clerk of a court may not file a litigation, original proceeding, appeal, or other claim presented, pro se, by a vexatious litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an order from the appropriate local administrative judge described by Section 11.102(a) permitting the filing.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1224, Sec. 10, eff. September 1, 2013.
(c)  If the appropriate local administrative judge described by Section 11.102(a) issues an order permitting the filing of the litigation, the litigation remains stayed and the defendant need not plead until the 10th day after the date the defendant is served with a copy of the order.
(d)  A clerk of a court of appeals may file an appeal from a prefiling order entered under Section 11.101 designating a person a vexatious litigant or a timely filed writ of mandamus under Section 11.102.
Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 9.04, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter C. Prohibiting Filing of New Litigation › Section 11.1035. Mistaken Filing

Sec. 11.1035.  MISTAKEN FILING.  (a)  If the clerk mistakenly files litigation presented, pro se, by a vexatious litigant subject to a prefiling order under Section 11.101 without an order from the appropriate local administrative judge described by Section 11.102(a), any party may file with the clerk and serve on the plaintiff and the other parties to the litigation a notice stating that the plaintiff is a vexatious litigant required to obtain permission under Section 11.102 to file litigation.
(b)  Not later than the next business day after the date the clerk receives notice that a vexatious litigant subject to a prefiling order under Section 11.101 has filed, pro se, litigation without obtaining an order from the appropriate local administrative judge described by Section 11.102(a), the clerk shall notify the court that the litigation was mistakenly filed.  On receiving notice from the clerk, the court shall immediately stay the litigation and shall dismiss the litigation unless the plaintiff, not later than the 10th day after the date the notice is filed, obtains an order from the appropriate local administrative judge described by Section 11.102(a) permitting the filing of the litigation.
(c)  An order dismissing litigation that was mistakenly filed by a clerk may not be appealed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 11 - Vexatious Litigants › Subchapter C. Prohibiting Filing of New Litigation › Section 11.104. Notice to Office of Court Administration; Dissemination of List

Sec. 11.104.  NOTICE TO OFFICE OF COURT ADMINISTRATION; DISSEMINATION OF LIST.  (a)  A clerk of a court shall provide the Office of Court Administration of the Texas Judicial System a copy of any prefiling order issued under Section 11.101 not later than the 30th day after the date the prefiling order is signed.
(b)  The Office of Court Administration of the Texas Judicial System shall post on the agency's Internet website a list of vexatious litigants subject to prefiling orders under Section 11.101.  On request of a person designated a vexatious litigant, the list shall indicate whether the person designated a vexatious litigant has filed an appeal of that designation.
(c)  The Office of Court Administration of the Texas Judicial System may not remove the name of a vexatious litigant subject to a prefiling order under Section 11.101 from the agency's Internet website unless the office receives a written order from the court that entered the prefiling order or from an appellate court.  An order of removal affects only a prefiling order entered under Section 11.101 by the same court.  A court of appeals decision reversing a prefiling order entered under Section 11.101 affects only the validity of an order entered by the reversed court.
Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 9.05, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property › Section 12.001. Definitions

Sec. 12.001.  DEFINITIONS.  In this chapter:
(1)  "Court record" has the meaning assigned by Section 37.01, Penal Code.
(2)  "Exemplary damages" has the meaning assigned by Section 41.001.
(2-a)  "Filing office" has the meaning assigned by Section 9.102, Business & Commerce Code.
(2-b)  "Financing statement" has the meaning assigned by Section 9.102, Business & Commerce Code.
(2-c)  "Inmate" means a person housed in a secure correctional facility.
(3)  "Lien" means a claim in property for the payment of a debt and includes a security interest.
(4)  "Public servant" has the meaning assigned by Section 1.07, Penal Code, and includes officers and employees of the United States.
(5)  "Secure correctional facility" has the meaning assigned by Section 1.07, Penal Code.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.001 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 895 (H.B. 2566), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property › Section 12.002. Liability

Sec. 12.002.  LIABILITY.  (a)  A person may not make, present, or use a document or other record with:
(1)  knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;
(2)  intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the constitution or laws of this state or the United States or another entity listed in Section 37.01, Penal Code, evidencing a valid lien or claim against real or personal property or an interest in real or personal property;  and
(3)  intent to cause another person to suffer:
(A)  physical injury;
(B)  financial injury;  or
(C)  mental anguish or emotional distress.
(a-1)  Except as provided by Subsection (a-2), a person may not file an abstract of a judgment or an instrument concerning real or personal property with a court or county clerk, or a financing statement with a filing office, if the person:
(1)  is an inmate; or
(2)  is not licensed or regulated under Title 11, Insurance Code, and is filing on behalf of another person who the person knows is an inmate.
(a-2)  A person described by Subsection (a-1) may file an abstract, instrument, or financing statement described by that subsection if the document being filed includes a statement indicating that:
(1)  the person filing the document is an inmate; or
(2)  the person is filing the document on behalf of a person who is an inmate.
(b)  A person who violates Subsection (a) or (a-1) is liable to each injured person for:
(1)  the greater of:
(A)  $10,000; or
(B)  the actual damages caused by the violation;
(2)  court costs;
(3)  reasonable attorney's fees;  and
(4)  exemplary damages in an amount determined by the court.
(c)  A person claiming a lien under Chapter 53, Property Code, is not liable under this section for the making, presentation, or use of a document or other record in connection with the assertion of the claim unless the person acts with intent to defraud.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.002 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 895 (H.B. 2566), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1260 (H.B. 669), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property › Section 12.003. Cause of Action

Sec. 12.003.  CAUSE OF ACTION.  (a)  The following persons may bring an action to enjoin violation of this chapter or to recover damages under this chapter:
(1)  the attorney general;
(2)  a district attorney;
(3)  a criminal district attorney;
(4)  a county attorney with felony responsibilities;
(5)  a county attorney;
(6)  a municipal attorney;
(7)  in the case of a fraudulent judgment lien, the person against whom the judgment is rendered;  and
(8)  in the case of a fraudulent lien or claim against real or personal property or an interest in real or personal property, the obligor or debtor, or a person who owns an interest in the real or personal property.
(b)  Notwithstanding any other law, a person or a person licensed or regulated by Title 11, Insurance Code (the Texas Title Insurance Act), does not have a duty to disclose a fraudulent, as described by Section 51.901(c), Government Code, court record, document, or instrument purporting to create a lien or purporting to assert a claim on real property or an interest in real property in connection with a sale, conveyance, mortgage, or other transfer of the real property or interest in real property.
(c)  Notwithstanding any other law, a purported judgment lien or document establishing or purporting to establish a judgment lien against property in this state, that is issued or purportedly issued by a court or a purported court other than a court established under the laws of this state or the United States, is void and has no effect in the determination of any title or right to the property.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.003 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.104, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property › Section 12.004. Venue

Sec. 12.004.  VENUE.  An action under this chapter may be brought in any district court in the county in which the recorded document is recorded or in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.004 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property › Section 12.005. Filing Fees

Sec. 12.005.  FILING FEES.  (a)  The fee for filing an action under this chapter is the fee that generally applies to the filing of a civil case.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(a)(1), eff. January 1, 2022.
(c)  A plaintiff who is unable to pay the filing fee and fee for service of notice may file with the court an affidavit of inability to pay under the Texas Rules of Civil Procedure.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(a)(1), eff. January 1, 2022.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.005 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.01, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(a)(1), eff. January 1, 2022.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property › Section 12.006. Plaintiff's Costs

Sec. 12.006.  PLAINTIFF'S COSTS.  (a)  The court shall award the plaintiff the costs of bringing the action if:
(1)  the plaintiff prevails;  and
(2)  the court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent, as described by Section 51.901(c), Government Code.
(b)  For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle A - General Provisions › Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property › Section 12.007. Effect on Other Law

Sec. 12.007.  EFFECT ON OTHER LAW.  This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.007 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
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 13.001. Dismissal of Action

Sec. 13.001.  DISMISSAL OF ACTION.  (a)  A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the action on a finding that:
(1)  the allegation of poverty in the affidavit is false;  or
(2)  the action is frivolous or malicious.
(b)  In determining whether an action is frivolous or malicious, the court may consider whether:
(1)  the action's realistic chance of ultimate success is slight;
(2)  the claim has no arguable basis in law or in fact;  or
(3)  it is clear that the party cannot prove a set of facts in support of the claim.
(c)  An action may be dismissed under Subsection (a) as frivolous or malicious either before or after service of process.
Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.
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 13.002. Judgment

Sec. 13.002.  JUDGMENT.  Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of those costs.
Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.