Texas 2025 - 89th Regular

Texas House Bill HB2086 Compare Versions

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

Old	New	Differences
1	1	89R10268 AMF-F
2	2	By: Plesa H.B. No. 2086
3	3
4	4
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a motion for determining a plaintiff is a vexatious
10	10	litigant.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.051, Civil Practice and Remedies
13	13	Code, is amended to read as follows:
14	14	Sec. 11.051. MOTION FOR ORDER DETERMINING PLAINTIFF A
15	15	VEXATIOUS LITIGANT AND REQUESTING SECURITY. In a litigation in
16	16	this state, [the defendant may,] on or before the 90th day after the
17	17	date the defendant files the original answer or makes a special
18	18	appearance:
19	19	(1) the defendant may file a motion requesting[, move
20	20	the court for] an order:
21	21	(A) [(1)] determining that the plaintiff is a
22	22	vexatious litigant; and
23	23	(B) [(2)] requiring the plaintiff to furnish
24	24	security; or
25	25	(2) the court on its own motion may conduct a hearing
26	26	under Section 11.053 to determine whether to issue an order finding
27	27	that the plaintiff is a vexatious litigant.
28	28	SECTION 2. Section 11.052(a), Civil Practice and Remedies
29	29	Code, is amended to read as follows:
30	30	(a) On the filing of a motion under Section 11.051, the
31	31	litigation is stayed and a [the moving] defendant subject to the
32	32	motion is not required to plead:
33	33	(1) if the motion is denied, before the 10th day after
34	34	the date it is denied; or
35	35	(2) if the motion is granted, before the 10th day after
36	36	the date the moving defendant receives written notice that the
37	37	plaintiff has furnished the required security.
38	38	SECTION 3. Section 11.053(a), Civil Practice and Remedies
39	39	Code, is amended to read as follows:
40	40	(a) On filing [receipt] of a motion under Section 11.051,
41	41	the court shall, after notice to all parties, conduct a hearing to
42	42	determine whether to grant the motion.
43	43	SECTION 4. Section 11.054, Civil Practice and Remedies
44	44	Code, is amended to read as follows:
45	45	Sec. 11.054. CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS
46	46	LITIGANT. A court may find a plaintiff a vexatious litigant if [the
47	47	defendant shows that] there is not a reasonable probability that
48	48	the plaintiff will prevail in the litigation against the defendant
49	49	and that:
50	50	(1) the plaintiff, in the seven-year period
51	51	immediately preceding the date [the defendant makes] the motion is
52	52	filed under Section 11.051, has commenced, prosecuted, or
53	53	maintained at least five litigations as a pro se litigant other than
54	54	in a small claims court that have been:
55	55	(A) finally determined adversely to the
56	56	plaintiff;
57	57	(B) permitted to remain pending at least two
58	58	years without having been brought to trial or hearing; or
59	59	(C) determined by a trial or appellate court to
60	60	be frivolous or groundless under state or federal laws or rules of
61	61	procedure;
62	62	(2) after a litigation has been finally determined
63	63	against the plaintiff, the plaintiff repeatedly relitigates or
64	64	attempts to relitigate, pro se, either:
65	65	(A) the validity of the determination against the
66	66	same defendant as to whom the litigation was finally determined; or
67	67	(B) the cause of action, claim, controversy, or
68	68	any of the issues of fact or law determined or concluded by the
69	69	final determination against the same defendant as to whom the
70	70	litigation was finally determined; or
71	71	(3) the plaintiff has previously been declared to be a
72	72	vexatious litigant by a state or federal court in an action or
73	73	proceeding based on the same or substantially similar facts,
74	74	transition, or occurrence.
75	75	SECTION 5. Sections 11.055(a) and (c), Civil Practice and
76	76	Remedies Code, are amended to read as follows:
77	77	(a) A court shall order the plaintiff to furnish security
78	78	for the benefit of a [the] moving defendant if the court, after
79	79	hearing the evidence on the defendant's motion, determines that the
80	80	plaintiff is a vexatious litigant.
81	81	(c) The court shall provide that the security is an
82	82	undertaking by the plaintiff to assure payment to a [the] moving
83	83	defendant of the moving defendant's reasonable expenses incurred in
84	84	or in connection with a litigation commenced, caused to be
85	85	commenced, maintained, or caused to be maintained by the plaintiff,
86	86	including costs and attorney's fees.
87	87	SECTION 6. Section 11.057, Civil Practice and Remedies
88	88	Code, is amended to read as follows:
89	89	Sec. 11.057. DISMISSAL ON THE MERITS. If the litigation is
90	90	dismissed on its merits, a [the] moving defendant has recourse to
91	91	the security furnished by the plaintiff in an amount determined by
92	92	the court.
93	93	SECTION 7. The changes in law made by this Act apply only to
94	94	an action commencing on or after or pending on the effective date of
95	95	this Act.
96	96	SECTION 8. This Act takes effect September 1, 2025.