HB2086 - Relating to a motion for determining a plaintiff is a vexatious litigant.

  89R21897 AMF-D     By: Plesa H.B. No. 2086     Substitute the following for H.B. No. 2086:     By:  Leach C.S.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. (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 :                 (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)     except as provided by Subsection (b), 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 .           (b)     In an action filed under Title 5, Family Code, a court   may not conduct a hearing under Section 11.053 to determine whether   a plaintiff is a vexatious litigant on its own motion.          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.