Tex.
Civ. Practice & Remedies Code Section 11.054
Criteria for Finding Plaintiff a Vexatious Litigant
(1)
the plaintiff, in the seven-year period immediately preceding the date the defendant makes the motion under Section 11.051 (Motion for Order Determining Plaintiff a Vexatious Litigant and Requesting Security), 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.
Source:
Section 11.054 — Criteria for Finding Plaintiff a Vexatious Litigant, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.11.htm#11.054 (accessed Apr. 13, 2024).
