The bill amends the Civil Practice and Remedies Code to establish a clearer process for determining whether a plaintiff is a vexatious litigant. It allows a defendant to file a motion within 90 days of their original answer to request a court order declaring the plaintiff a vexatious litigant and requiring them to furnish security. Additionally, the court may conduct a hearing on its own motion to determine this status, except in family law cases. The bill also specifies that if a motion is filed, the litigation is stayed, and the defendant is not required to plead until the motion is resolved.

Furthermore, the criteria for labeling a plaintiff as a vexatious litigant are detailed, including the requirement that the plaintiff must have initiated at least five litigations as a pro se litigant within the past seven years that were determined adversely or deemed frivolous. The bill also outlines the process for the court to order the plaintiff to provide security for the defendant's expenses if the plaintiff is found to be vexatious. The changes will apply to actions commencing or pending on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Civil Practice and Remedies Code 11.051, Civil Practice and Remedies Code 11.052, Civil Practice and Remedies Code 11.053, Civil Practice and Remedies Code 11.054, Civil Practice and Remedies Code 11.055, Civil Practice and Remedies Code 11.057 (Civil Practice and Remedies Code 11)
House Committee Report: Civil Practice and Remedies Code 11.051, Civil Practice and Remedies Code 11.052, Civil Practice and Remedies Code 11.053, Civil Practice and Remedies Code 11.054, Civil Practice and Remedies Code 11.055, Civil Practice and Remedies Code 11.057 (Civil Practice and Remedies Code 11)