Texas 2011 - 82nd Regular

Texas House Bill HB720 Compare Versions

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Old	New	Differences
1	1	82R11645 TJS-D
2	2	By: Hartnett H.B. No. 720
3	3	Substitute the following for H.B. No. 720:
4	4	By: Madden C.S.H.B. No. 720
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the designation of a person as a vexatious litigant.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.001(3), Civil Practice and Remedies
12	12	Code, is amended to read as follows:
13	13	(3) "Local administrative judge" means a local
14	14	administrative district judge, a local administrative statutory
15	15	probate court judge, or a local administrative statutory county
16	16	court judge.
17	17	SECTION 2. Section 11.101, Civil Practice and Remedies
18	18	Code, is amended by adding Subsection (c) to read as follows:
19	19	(c) A litigant may appeal from a prefiling order entered
20	20	under Subsection (a) designating the person a vexatious litigant.
21	21	SECTION 3. Section 11.102, Civil Practice and Remedies
22	22	Code, is amended by adding Subsection (c) to read as follows:
23	23	(c) A decision of a local administrative judge denying a
24	24	litigant permission to file a litigation under Subsection (a), or
25	25	conditioning permission to file a litigation on the furnishing of
26	26	security under Subsection (b), is not grounds for appeal, except
27	27	that the litigant may apply for a writ of mandamus with the court of
28	28	appeals not later than the 30th day after the date of the decision.
29	29	The denial of a writ of mandamus by the court of appeals is not
30	30	grounds for appeal to the supreme court or court of criminal
31	31	appeals.
32	32	SECTION 4. Section 11.103, Civil Practice and Remedies
33	33	Code, is amended by amending Subsection (a) and adding Subsection
34	34	(d) to read as follows:
35	35	(a) Except as provided by Subsection (d), a [A] clerk of a
36	36	court may not file a litigation, original proceeding, appeal, or
37	37	other claim presented by a vexatious litigant subject to a
38	38	prefiling order under Section 11.101 unless the litigant obtains an
39	39	order from the local administrative judge permitting the filing.
40	40	(d) A clerk of a court of appeals may file an appeal from a
41	41	prefiling order entered under Section 11.101 designating a person a
42	42	vexatious litigant or a timely filed writ of mandamus under Section
43	43	11.102(c).
44	44	SECTION 5. Section 11.104, Civil Practice and Remedies
45	45	Code, is amended to read as follows:
46	46	Sec. 11.104. NOTICE TO OFFICE OF COURT ADMINISTRATION;
47	47	DISSEMINATION OF LIST. (a) A clerk of a court shall provide the
48	48	Office of Court Administration of the Texas Judicial System a copy
49	49	of any prefiling order issued under Section 11.101 not later than
50	50	the 30th day after the date the prefiling order is signed.
51	51	(b) The Office of Court Administration of the Texas Judicial
52	52	System shall post on the agency's Internet website [maintain] a
53	53	list of vexatious litigants subject to prefiling orders under
54	54	Section 11.101 [and shall annually send the list to the clerks of
55	55	the courts of this state]. On request of a person designated a
56	56	vexatious litigant, the list shall indicate whether the person
57	57	designated a vexatious litigant has filed an appeal of that
58	58	designation.
59	59	SECTION 6. The posting, before the effective date of this
60	60	Act, of the name of a person designated a vexatious litigant under
61	61	Chapter 11, Civil Practice and Remedies Code, on a list of vexatious
62	62	litigants on the Internet website of the Office of Court
63	63	Administration of the Texas Judicial System is not:
64	64	(1) grounds for a cause of action;
65	65	(2) a defense against a finding that a plaintiff is a
66	66	vexatious litigant under Chapter 11, Civil Practice and Remedies
67	67	Code; or
68	68	(3) grounds for relief or appeal from a stay, order, or
69	69	dismissal or any other action taken by a court or a clerk of a court
70	70	under Chapter 11, Civil Practice and Remedies Code.
71	71	SECTION 7. This Act takes effect September 1, 2011.