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§ 11.001.Definitions

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 11. Vexatious Litigants · Subchapter A. General Provisions · Last amended 2013 · Last verified August 29, 2026

In one sentenceSection 11.001 defines the chapter’s terms, confining "plaintiff" to an individual litigating pro se.

Full Text of § 11.001

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In this chapter:
(1)"Defendant" means a person or governmental entity against whom a plaintiff commences or maintains or seeks to commence or maintain a litigation.
(2)"Litigation" means a civil action commenced, maintained, or pending in any state or federal court.
(3)Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1224, Sec. 10, eff. September 1, 2013.
(4)"Moving defendant" means a defendant who moves for an order under Section 11.051 determining that a plaintiff is a vexatious litigant and requesting security.
(5)"Plaintiff" means an individual who commences or maintains a litigation pro se.
End

Plain-English Summary

Four live definitions, and the last one sets the boundary of the entire chapter.

"Plaintiff" means an individual who commences or maintains a litigation pro se.

Three limits are packed into that sentence. The person must be an individual, so a company cannot be declared a vexatious litigant. They must be acting pro se, so a represented party is outside the chapter however many suits they file. And they must be a plaintiff, so a defendant who files repetitive motions is not reached.

The pro se limit reflects where the chapter puts responsibility. A represented litigant’s filings are signed by a lawyer, and the sanctions chapters and the disciplinary rules apply to that lawyer.

"Litigation" means a civil action commenced, maintained, or pending in any state or federal court.

"Any state or federal court" reaches beyond Texas, which matters for the five-litigation count — suits filed in other states and in federal court are included.

"Defendant" means a person or governmental entity against whom a plaintiff commences or maintains or seeks to commence or maintain a litigation. The words "seeks to commence" matter, because a person named in a proposed suit that a prefiling order has stopped is still a defendant for the chapter’s purposes.

"Moving defendant" is the defendant who moves for a determination and requests security.

The definition of "local administrative judge" was repealed in 2013, when the permission provisions were rewritten to identify the right judge in the text itself.

Frequently Asked Questions

Who can be declared a vexatious litigant?

An individual who commences or maintains litigation pro se. A company cannot be, and a represented party cannot be.

Do out-of-state suits count?

Yes. "Litigation" covers a civil action in any state or federal court.

Does it reach a defendant who files repeatedly?

No. The chapter reaches plaintiffs.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1997.
  • Amended by:
  • Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 9.01, eff. January 1, 2012.
  • Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 1, eff. September 1, 2013.
  • Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 10, eff. September 1, 2013.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source