Texas courts are designed to give every person a fair opportunity to present claims and defend their rights. But when someone repeatedly misuses the court system—filing meritless lawsuits, re-litigating the same issues, or dragging parties into endless, baseless litigation—the law provides a mechanism to stop the abuse. These individuals are known as vexatious litigants, and Texas has one of the more detailed statutory frameworks in the country to address them.

Below is a clear look at what a vexatious litigant is under Texas law, how courts designate someone as one, and the practical consequences that flow from such a ruling.

What Is a Vexatious Litigant Under Texas Law?

Texas defines a vexatious litigant through Chapter 11 of the Texas Civil Practice & Remedies Code. A court may declare a person a vexatious litigant if:

1. They repeatedly file lawsuits with no reasonable probability of success, and
2. They have a documented history of initiating litigation that has been finally resolved against them, or
3. They engage in particular patterns of abusing judicial process, such as re-filing claims already litigated or repeatedly suing the same party without merit.

Key statutory elements include:

1. The “Five Cases in Seven Years” Rule (CPRC §11.054(1))

A party may be found vexatious if, in the prior seven years, they have pro se initiated at least five lawsuits that were resolved against them (e.g., dismissed as frivolous, nonsuited after adverse rulings, or decided on the merits against them).

This is the most commonly cited path to a vexatious-litigant order.

2. Re-Litigation of the Same Claims (CPRC §11.054(2))

If a person repeatedly tries to re-litigate the same issues or claims that have already been finally determined against them, this can independently justify vexatious-litigant status.

3. Filing Without Merit and Harassment Intent (CPRC §11.054(3))

Even when the prior-lawsuit threshold is not met, courts can still act if the litigant:

• Files suits with no reasonable probability of success, and
• Does so to harass, delay, or burden the opposing party.

How the Process Works

A party being targeted moves for an order declaring the plaintiff vexatious. If the court finds the criteria met, the judge may:

1. Require the litigant to post security (CPRC §11.055)

The court can force the vexatious litigant to post a bond to cover potential attorney’s fees or costs.

2. Impose a Prefiling Order (CPRC §11.101)

This is the most serious consequence.

A prefiling order prohibits the litigant from filing any new lawsuit in Texas without a judge’s permission, typically from the local administrative judge or another designated judge.

These orders apply statewide, across all Texas courts.

3. Mandatory Stay of Current Litigation (CPRC §11.052)

When a vexatious-litigant motion is filed, most proceedings are automatically stayed pending resolution of the motion—unless the case falls within certain exceptions.

Key Nuances and Peculiarities Practitioners Should Know

1. The statute applies only to pro se litigants

A represented party—even one with a bad litigation history—generally cannot be declared vexatious under Chapter 11. The legislative assumption is that licensed attorneys act as gatekeepers against frivolous filings.

2. The publicly maintained “Vexatious Litigant List”

Texas is one of the few states that maintains a statewide online database of individuals under prefiling orders. Courts consult this list when screening new filings.

This can be devastating for a person’s reputation in civil litigation circles.

3. Criminal defendants cannot be declared vexatious under this statute

The vexatious-litigant statute applies only to civilcases.

4. Dismissals count differently depending on why they occurred

• A dismissal with prejudice almost always counts against the litigant.
• A nonsuit the plaintiff files after facing an adverse ruling can also count.
• A nonsuit early in the case typically does not count.
• Dismissals for jurisdictional defects or venue issues may not count at all.

5. “Reasonable probability of success” is a modest but real hurdle

The defendant need not prove the plaintiff will lose.
They must show the claim is so weak or unsupported that success is not reasonably probable.

Courts consider:

• procedural history,
• quality of pleadings,
• factual allegations versus evidence,
• past patterns of filings.

6. A prefiling order does not prohibit appeals

A vexatious litigant may still appeal orders, including the vexatious-litigant finding itself. However, they are still bound by the requirement to obtain leave before filing new suits.

7. Appeal courts review these orders for abuse of discretion

This makes them hard to overturn—because the trial court is given broad authority to determine whether a litigant’s pattern is abusive.

Practical Impact: What It Means for Both Sides

For defendants who are being harassed with repeated lawsuits

A vexatious-litigant motion can be an effective tool to stop a relentless filer who keeps bringing meritless claims or trying to re-litigate old losses.

It can:

• stay current litigation,
• force the plaintiff to post a financial bond,
• protect the defendant from future harassment.

For plaintiffs who risk being declared vexatious

Once on the statewide list:

• You cannot file new suits without judicial permission.
• Courts scrutinize even legitimate claims.
• Opposing counsel will use this history against you.
• Clearing your name is difficult and rare.

Conclusion

The Texas vexatious-litigant statute exists to strike a balance: preserving access to courts while preventing abuse of the judicial system. It remains a powerful mechanism—especially for defendants subjected to repeated, meritless lawsuits—and one that Texas courts apply carefully but consistently.

For litigants and attorneys, the key is understanding the statutory criteria, the procedural nuances, and the practical consequences that can ripple far beyond the immediate case.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.