TEXAS STATUTORY LAW ADDRESSING ABUSE OF PROCESS
CIVIL PRACTICE & REMEDIES CODE
CHAPTER 9. FRIVOLOUS PLEADINGS AND CLAIMS
SUBCHAPTER A. GENERAL PROVISIONS
§ 9.001. DEFINITIONS. In this chapter:
(1) 'Claimant' means a party, including a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, or intervenor, seeking recovery of damages. In an action in which a party seeks recovery of damages for injury to another person, damage to the property of another person, death of another person, or other harm to another person, 'claimant' includes both that other person and the party seeking recovery of damages.
(2) 'Defendant' means a party, including a counterdefendant, cross-defendant, or third-party defendant, from whom a claimant seeks relief.
(3) 'Groundless' means:
(A) no basis in fact; or
(B) not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.
(4) 'Pleading' includes a motion.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § 2.01, eff. Sept. 2, 1987.
NOTE regarding Sec. 9.001(3)(B). The 'Law' referred to is limited to what is known as 'case-law', or 'stare decisis',
or 'Precedent'. In other words; OPINIONS of Judicial Officials in our Supreme Courts as part of their function of
regulating Judges in the lower courts and maintaining consistency in the application of the Law. NO Attorney has
authority to argue for extension, modification, or reversal of our Organic Law and Law of our Constitution because
they are bound, as a Court Official, and as a licensed Professional, to support our Constitution. Such arguments
inherently 'groundless', and therefore constitute a 'frivolous pleading'. GOVERNMENT ATTORNEYS in Texas cannot
{legally) argue for a extension, modification, or reversal of Law created by Congress or our State Legislature.
They are bound by Article 16, section 1, of our Texas Constitution to "preserve, protect, and defend the
constitution and laws of the United States and of this State." It is impossible for an Attorney employed in the
Executive Department(Office of the Attorney General, or an Office of District / County Attorney) to "preserve, protect, and defend"
while simultaneously arguing for "extension, modification, or reversal" of the same.
§ 9.002. APPLICABILITY.
(a) This chapter applies to an action in which a claimant seeks:
(1) damages for personal injury, property damage, or death, regardless of the legal theories or statutes on the basis of which recovery is sought, including an action based on intentional conduct, negligence, strict tort liability, products liability
(whether strict or otherwise), or breach of warranty; or
(2) damages other than for personal injury, property damage, or death resulting from any tortious conduct, regardless of the legal theories or statutes on the basis of which recovery is sought, including libel, slander, or tortious interference with a contract or other business relation.
(b) This chapter applies to any party who is a claimant or defendant, including but not limited to:
(1) a county;
(2) a municipality;
(3) a public school district;
(4) a public junior college district;
(5) a charitable organization;
(6) a nonprofit organization;
(7) a hospital district;
(8) a hospital authority;
(9) any other political subdivision of the state; and
(10) the State of Texas.
(c) In an action to which this chapter applies, the provisions of this chapter prevail over all other law to the extent of any conflict.
§ 9.003. TEXAS RULES OF CIVIL PROCEDURE.
This chapter does not alter the Texas Rules of Civil Procedure or the Texas Rules of Appellate Procedure.
§ 9.004. APPLICABILITY.
This chapter does not apply to the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or to Chapter 21, Insurance
Code.
SUBCHAPTER B. SIGNING OF PLEADINGS
§ 9.011. SIGNING OF PLEADINGS.
The signing of a pleading as required by the Texas Rules of Civil Procedure
constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry, the pleading is not:
(1) groundless and brought in bad faith;
(2) groundless and brought for the purpose of harassment; or
(3) groundless and interposed for any improper purpose, such as to cause unnecessary delay or needless increase in the cost of litigation.
§ 9.012. VIOLATION; SANCTION.
(a) At the trial of the action or at any hearing inquiring into the facts and law of the
action, after reasonable notice to the parties, the court may on its own motion, or shall on the motion of any party to the action, determine if a pleading has been signed in violation of any one of the standards prescribed by Section 9.011.
(b) In making its determination of whether a pleading has been signed in violation of any one of the standards prescribed by Section 9.011, the court shall take into account:
(1) the multiplicity of parties;
(2) the complexity of the claims and defenses;
(3) the length of time available to the party to investigate and conduct discovery; and
(4) affidavits, depositions, and any other relevant matter.
(c) If the court determines that a pleading has been signed in violation of any one of the standards prescribed by Section 9.011, the court shall, not earlier than 90 days after the date of
the determination, at the trial or hearing or at a separate hearing following reasonable notice to the offending party, impose an appropriate sanction on the signatory, a represented party, or
both.
(d) The court may not order an offending party to pay the incurred expenses of a party who stands in opposition to the offending pleading if, before the 90th day after the court makes a
determination under Subsection (a), the offending party withdraws the pleading or amends the pleading to the satisfaction of the court or moves for dismissal of the pleading or the offending portion of the pleading.
(e) The sanction may include one or more of the following:
(1) the striking of a pleading or the offending portion thereof;
(2) the dismissal of a party; or
(3) an order to pay to a party who stands in opposition to the offending pleading the amount of the reasonable expenses incurred because of the filing of the pleading, including costs, reasonable attorney's fees, witness fees, fees of experts, and
deposition expenses.
(f) The court may not order an offending party to pay the incurred expenses of a party who stands in opposition to the offending pleading if the court has, with respect to the same
subject matter, imposed sanctions on the party who stands in opposition to the offending pleading under the Texas Rules of Civil Procedure.
(g) All determinations and orders pursuant to this chapter are solely for purposes of this chapter and shall not be the basis of any liability, sanction, or grievance other than as expressly
provided in this chapter.
(h) This section does not apply to any proceeding to which Section 10.004 or Rule 13, Texas Rules of Civil Procedure, applies.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § 2.01, eff.
Sept. 2, 1987. Amended by Acts 1999, 76th Leg., ch. 1111, § 1,
eff. Sept. 1, 1999.
§ 9.013. REPORT TO GRIEVANCE COMMITTEE.
(a) If the court imposes a sanction against an offending party under Section 9.012, the offending party is represented by an attorney who signed the pleading in violation of any one of the standards under Section 9.011, and the court finds that the attorney has consistently
engaged in activity that results in sanctions under Section 9.012, the court shall report its finding to an appropriate grievance committee as provided by the State Bar Act (Article 320a-1, Vernon's Texas Civil Statutes) or by a similar law in the jurisdiction in which the attorney resides.
(b) The report must contain:
(1) the name of the attorney who represented the offending party;
(2) the finding by the court that the pleading was signed in violation of any one of the standards under Section 9.011;
(3) a description of the sanctions imposed against the signatory and the offending party; and
(4) the finding that the attorney has consistently engaged in activity that results in sanctions under Section 9.012.
§ 9.014. PLEADINGS NOT FRIVOLOUS.
(a) A general denial does not constitute a violation of any of the standards
prescribed by Section 9.011.
(b) The amount requested for damages in a pleading does not constitute a violation of any of the standards prescribed by Section 9.011.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § 2.01, eff.
Sept. 2, 1987.
CIVIL PRACTICE & REMEDIES CODE
CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS
§ 10.001. SIGNING OF PLEADINGS AND MOTIONS.
The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry:
(1) the pleading or motion is not being presented for any improper purpose, including to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) each claim, defense, or other legal contention in the pleading or motion is warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3) each allegation or other factual contention in the pleading or motion has evidentiary support or, for a specifically identified allegation or factual contention, is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) each denial in the pleading or motion of a factual contention is warranted on the evidence or, for a specifically identified denial, is reasonably based on a lack of information or belief.
Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.
§ 10.002. MOTION FOR SANCTIONS.
(a) A party may make a motion for sanctions, describing the specific conduct violating Section 10.001.
(b) The court on its own initiative may enter an order describing the specific conduct that appears to violate Section 10.001 and direct the alleged violator to show cause why the conduct has not violated that section.
(c) The court may award to a party prevailing on a motion under this section the reasonable expenses and attorney's fees incurred in presenting or opposing the motion, and if no due diligence is shown the court may award to the prevailing party all costs for inconvenience, harassment, and out-of-pocket expenses incurred or caused by the subject litigation.
Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.
§ 10.003. NOTICE AND OPPORTUNITY TO RESPOND.
The court shall provide a party who is the subject of a motion for sanctions under Section 10.002 notice of the allegations and a reasonable opportunity to respond to the allegations.
Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.
§ 10.004. VIOLATION; SANCTION.
(a) A court that determines that a person has signed a pleading or motion in violation of Section 10.001 may impose a sanction on the person, a party represented by the person, or both.
(b) The sanction must be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated.
(c) A sanction may include any of the following:
(1) a directive to the violator to perform, or refrain from performing, an act;
(2) an order to pay a penalty into court; and
(3) an order to pay to the other party the amount of the reasonable expenses incurred by the other party because of the filing of the pleading or motion, including reasonable attorney's fees.
(d) The court may not award monetary sanctions against a represented party for a violation of Section 10.001(2).
(e) The court may not award monetary sanctions on its own initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party or the party's attorney who is to be sanctioned.
(f) The filing of a general denial under Rule 92, Texas Rules of Civil Procedure, shall not be deemed a violation of this chapter.
Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.
§ 10.005. ORDER. A court shall describe in an order imposing a sanction under this chapter the conduct the court has determined violated Section 10.001 and explain the basis for the sanction imposed.
Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.
§ 10.006. CONFLICT. Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this chapter.
Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.