Texas Civil Practice and Remedies Code
§ 13.001 — DISMISSAL OF ACTION
CP § 13.001Title 2. TRIAL, JUDGMENT, AND APPEAL · Part A. GENERAL PROVISIONS · Ch. 13. AFFIDAVIT OF INABILITY TO PAY COSTS
Statute text
View on source(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
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Legislative history
Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.