89R10268 AMF-F
By: Plesa H.B. No. 2086
A BILL TO BE ENTITLED
AN ACT
relating to a motion for determining a plaintiff is a vexatious
litigant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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. 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:
(1) the defendant may file a motion requesting[, move
the court for] an order:
(A) [(1)] determining that the plaintiff is a
vexatious litigant; and
(B) [(2)] requiring the plaintiff to furnish
security; or
(2) the court on its own motion may conduct a hearing
under Section 11.053 to determine whether to issue an order finding
that the plaintiff is a vexatious litigant.
SECTION 2. Section 11.052(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) On the filing of a motion under Section 11.051, the
litigation is stayed and a [the moving] defendant subject to the
motion 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.
SECTION 3. Section 11.053(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) On filing [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.
SECTION 4. Section 11.054, Civil Practice and Remedies
Code, is amended to read as follows:
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 is
filed 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.
SECTION 5. Sections 11.055(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) A court shall order the plaintiff to furnish security
for the benefit of a [the] moving defendant if the court, after
hearing the evidence on the defendant's motion, determines that the
plaintiff is a vexatious litigant.
(c) The court shall provide that the security is an
undertaking by the plaintiff to assure payment to a [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.
SECTION 6. Section 11.057, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 11.057. DISMISSAL ON THE MERITS. If the litigation is
dismissed on its merits, a [the] moving defendant has recourse to
the security furnished by the plaintiff in an amount determined by
the court.
SECTION 7. The changes in law made by this Act apply only to
an action commencing on or after or pending on the effective date of
this Act.
SECTION 8. This Act takes effect September 1, 2025.