bill letting judges flag vexatious litigants on their own

The text as introduced · 768 words

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.