Tex. Civ. Practice & Remedies Code Section 13.001
Dismissal of Action

(a)

A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the action on a finding that:

(1)

the allegation of poverty in the affidavit is false; or

(2)

the action is frivolous or malicious.

(b)

In determining whether an action is frivolous or malicious, the court may consider whether:

(1)

the action’s realistic chance of ultimate success is slight;

(2)

the claim has no arguable basis in law or in fact; or

(3)

it is clear that the party cannot prove a set of facts in support of the claim.

(c)

An action may be dismissed under Subsection (a) as frivolous or malicious either before or after service of process.

Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.