Texas Civil Practice and Remedies Code

§ 14A.051 — DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS CLAIM

CP § 14A.051Title 2. TRIAL, JUDGMENT, AND APPEAL · Part A. GENERAL PROVISIONS · Ch. 14A. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL · Art. B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM

Statute text

View on source

(a)A court may dismiss a claim, either before or after service of process, if the court finds that:

(1)the allegation of poverty in the affidavit or unsworn declaration is false;

(2)the claim is frivolous or malicious; or

(3)the civilly committed individual filed an affidavit or unsworn declaration required by this chapter that the individual knew was false.

(b)In determining whether a claim is frivolous or malicious, the court may consider whether:

(1)the claim's realistic chance of ultimate success is slight;

…

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023. Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.