81R1683 TJS-D
By: Harris S.B. No. 516
A BILL TO BE ENTITLED
AN ACT
relating to the filing of an affidavit stating that a plaintiff is
not a vexatious litigant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Civil Practice and
Remedies Code, is amended by adding Section 11.050 to read as
follows:
Sec. 11.050. AFFIDAVIT REGARDING VEXATIOUS LITIGANT
STATUS. (a) In a litigation in this state, the plaintiff must, on
commencement of the litigation, file with the court a verified
affidavit stating that:
(1) the plaintiff has not, in the seven-year period
immediately before the date the plaintiff commences the litigation,
commenced, prosecuted, or maintained five or more litigations 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 litigation has been finally determined
against the plaintiff, the plaintiff has not repeatedly relitigated
or attempted to relitigate 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; and
(3) the plaintiff has not 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.
(b) A court clerk may not file a litigation by a plaintiff
who does not provide a verified affidavit as required by Subsection
(a) unless the plaintiff has obtained an order from a local
administrative judge permitting the filing.
(c) A local administrative judge may grant permission to a
person who does not provide a verified affidavit as required by
Subsection (a) 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.
(d) A local administrative judge who grants a plaintiff
permission to file a litigation under Subsection (c) may condition
permission on the plaintiff's furnishing security for the benefit
of the defendant.
SECTION 2. The change in law made by this Act applies only
to a litigation commenced on or after the effective date of this
Act. A litigation commenced before the effective date of this Act
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.