By: West S.B. No. 1630
A BILL TO BE ENTITLED
AN ACT
relating to the protection of defendants against vexatious
litigants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 11, Civil Practice and
Remedies Code, is amended by adding Section 11.002 to read as
follows:
Sec. 11.002. APPLICABILITY. (a) This chapter does not
apply to: (1) an attorney licensed to practice law in this state
unless the attorney proceeds pro se; or (2) a plaintiff who is
represented by an attorney licensed to practice law in this state.
(b) This chapter does not apply to a municipal court.
SECTION 2. The heading to Subchapter B, Chapter 11, Civil
Practice and Remedies Code, is amended to read as follows:
SUBCHAPTER B. VEXATIOUS LITIGANT DETERMINATION [LITIGANTS]
SECTION 3. Section 11.051, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 11.051. MOTION FOR ORDER DETERMINING PLAINTIFF A
VEXATIOUS LITIGANT AND REQUESTING SECURITY. (a) 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.
(b) A court may, on its own motion, find a party a vexatious
litigant during the pendency of the litigation.
SECTION 4. Section 11.052, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 11.052. STAY OF PROCEEDINGS ON FILING OF MOTION. (a)
On the filing of a motion or the court's own motion under Section
11.051, the litigation is stayed and the moving defendant is not
required to plead:
(1) if the motion is denied or the court fails to find
the plaintiff is a vexatious litigant, before the 10th day after the
date it is denied; or
(2) if the motion is granted or the court finds the
plaintiff is a vexatious litigant and orders the plaintiff to
furnish security, before the 10th day after the date the moving
defendant or the court receives written notice that the plaintiff
has furnished the required security.
(b) On the filing of a motion by the defendant or the court's
own motion under Section 11.051 on or after the date the trial
starts, the litigation is stayed for a period the court determines.
SECTION 5. Section 11.053, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsection
(c) to read as follows:
(a) On receipt of a motion or the court's own motion under
Section 11.051, the court shall, after notice to all parties,
conduct a hearing to determine whether the plaintiff is a vexatious
litigant [to grant the motion].
(c) A plaintiff found to be a vexatious litigant under this
subchapter may appeal the court's order.
SECTION 6. The heading to Section 11.055, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 11.055. EFFECTS OF DETERMINATION OF VEXATIOUS
LITIGANT; SECURITY.
SECTION 7. Sections 11.055(a) and (b), Civil Practice and
Remedies Code, are amended to read as follows:
(a) If [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, the court determines that
the plaintiff is a vexatious litigant, the court may allow the
litigation to proceed only if the court finds that the litigation:
(1) has merit; and
(2) has not been filed for the purpose of harassment or
delay.
(b) If the court allows the litigation to proceed, the court
shall order the plaintiff to furnish security for the benefit of the
defendant and [The court] in its discretion shall determine the
date by which the security must be furnished.
SECTION 8. Subchapter C, Chapter 11, Civil Practice and
Remedies Code, is amended by adding Section 11.1015 to read as
follows:
Sec. 11.1015. APPLICABILITY OF A VEXATIOUS LITIGANT
DETERMINATION. (a) An order under Subchapter B that is issued by a
justice or constitutional county court applies only to the justice
or constitutional county court issuing the order.
(b) An order under Subchapter B issued by a district or
statutory county court applies to every court in this state.
SECTION 9. Section 11.102, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 11.102. PERMISSION BY LOCAL ADMINISTRATIVE JUDGE. (a)
A vexatious litigant is prohibited from filing, in propria persona,
new litigation in a court of this state 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 who files a request seeking
permission to file suit shall provide a copy of the request to all
defendants named in the proposed litigation.
(c) The judge 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 [A local administrative] judge may grant permission
to a person found to be a vexatious litigant under Subchapter B
[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) [(b)] The [local administrative] judge may condition
permission on the furnishing of security for the benefit of the
defendant [as provided in Subchapter B].
(f) [(c)] A decision of a [local administrative] judge
denying a litigant permission to file a litigation under Subsection
(d) [(a)], or conditioning permission to file a litigation on the
furnishing of security under Subsection (e) [(b)], 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.
SECTION 10. The heading to Section 11.103, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 11.103. DUTIES OF CLERK REGARDING ORDERS ISSUED BY A
DISTRICT OR STATUTORY COUNTY COURT[; MISTAKEN FILING].
SECTION 11. Sections 11.103(a), (c), and (d), Civil
Practice and Remedies Code, are amended to read as follows:
(a) Except as provided by Subsection (d), a clerk of a court
may not file a litigation, original proceeding, appeal, or other
claim presented 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 permitting the
filing.
(c) If the local administrative judge issues an order
permitting the filing of the litigation [under Subsection (b)], 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 an
[a prefiling] order entered under Subchapter B [Section 11.101]
designating a person a vexatious litigant or a timely filed writ of
mandamus under Section 11.102 [11.102(c)].
SECTION 12. Subchapter C, Chapter 11, Civil Practice and
Remedies Code, is amended by adding Section 11.1035 to read as
follows:
Sec. 11.1035. MISTAKEN FILING. (a) If the clerk mistakenly
files litigation presented by a vexatious litigant without an order
from the appropriate local administrative judge, any party may file
with the clerk and serve on the plaintiff and the other parties to
the suit a notice stating that the plaintiff is a vexatious litigant
required to obtain permission to file litigation under Section
11.102.
(b) Not later than the 24th hour after receiving notice that
a vexatious litigant has filed litigation without obtaining an
order from the appropriate local administrative judge, 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 under Section 11.102 permitting the filing of the litigation.
(c) An order dismissing litigation that was mistakenly
filed by a clerk may not be appealed.
SECTION 13. Section 11.104, Civil Practice and Remedies
Code, is amended to read as follows:
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 an [any prefiling] order issued under Subchapter B determining
that a person is a vexatious litigant [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 and a copy of the order determining that a
person is a vexatious litigant [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 from the
agency's Internet website unless the office receives a written
order from the court that declared the person a vexatious litigant
or from an appellate court. An order of removal affects only an
order determining a person is a vexatious litigant from the same
court. A court of appeals decision reversing the order determining
a person is a vexatious litigant affects only the validity of an
order from the reversed court.
SECTION 14. Sections 11.001(3), 11.101, and 11.103(b),
Civil Practice and Remedies Code, are repealed.
SECTION 15. The change in law made by this Act applies only
to an action commencing on or after the effective date of this Act.
An action commencing before the effective date of this Act is
governed by the law as it existed on the date when the action
commenced, and that law is continued in effect for that purpose.
SECTION 16. This Act takes effect September 1, 2013.