Texas 2009 - 81st Regular

Texas Senate Bill SB516 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1683 TJS-D
2	2	By: Harris S.B. No. 516
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the filing of an affidavit stating that a plaintiff is
8	8	not a vexatious litigant.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 11, Civil Practice and
11	11	Remedies Code, is amended by adding Section 11.050 to read as
12	12	follows:
13	13	Sec. 11.050. AFFIDAVIT REGARDING VEXATIOUS LITIGANT
14	14	STATUS. (a) In a litigation in this state, the plaintiff must, on
15	15	commencement of the litigation, file with the court a verified
16	16	affidavit stating that:
17	17	(1) the plaintiff has not, in the seven-year period
18	18	immediately before the date the plaintiff commences the litigation,
19	19	commenced, prosecuted, or maintained five or more litigations other
20	20	than in a small claims court that have been:
21	21	(A) finally determined adversely to the
22	22	plaintiff;
23	23	(B) permitted to remain pending at least two
24	24	years without having been brought to trial or hearing; or
25	25	(C) determined by a trial or appellate court to
26	26	be frivolous or groundless under state or federal laws or rules of
27	27	procedure;
28	28	(2) after litigation has been finally determined
29	29	against the plaintiff, the plaintiff has not repeatedly relitigated
30	30	or attempted to relitigate either:
31	31	(A) the validity of the determination against the
32	32	same defendant as to whom the litigation was finally determined; or
33	33	(B) the cause of action, claim, controversy, or
34	34	any of the issues of fact or law determined or concluded by the
35	35	final determination against the same defendant as to whom the
36	36	litigation was finally determined; and
37	37	(3) the plaintiff has not previously been declared to
38	38	be a vexatious litigant by a state or federal court in an action or
39	39	proceeding based on the same or substantially similar facts.
40	40	(b) A court clerk may not file a litigation by a plaintiff
41	41	who does not provide a verified affidavit as required by Subsection
42	42	(a) unless the plaintiff has obtained an order from a local
43	43	administrative judge permitting the filing.
44	44	(c) A local administrative judge may grant permission to a
45	45	person who does not provide a verified affidavit as required by
46	46	Subsection (a) to file a litigation only if it appears to the judge
47	47	that the litigation:
48	48	(1) has merit; and
49	49	(2) has not been filed for the purposes of harassment
50	50	or delay.
51	51	(d) A local administrative judge who grants a plaintiff
52	52	permission to file a litigation under Subsection (c) may condition
53	53	permission on the plaintiff's furnishing security for the benefit
54	54	of the defendant.
55	55	SECTION 2. The change in law made by this Act applies only
56	56	to a litigation commenced on or after the effective date of this
57	57	Act. A litigation commenced before the effective date of this Act
58	58	is governed by the law as it existed immediately before the
59	59	effective date of this Act, and that law is continued in effect for
60	60	that purpose.
61	61	SECTION 3. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2009.