§ 11.055.Security

The consequence of the finding, and it is not discretionary.

A court shall order the plaintiff to furnish security for the benefit of the moving defendant if the court, after hearing the evidence on the motion, determines that the plaintiff is a vexatious litigant.

"Shall" removes the choice. A court that makes the finding must order security; the discretion in the chapter lies in whether the criteria are met, not in what follows.

The security runs to the moving defendant alone, so co-defendants who did not move take no benefit from it.

The court in its discretion shall determine the date by which the security must be furnished.

That is where the practical judgment sits. The chapter fixes no period, and the date chosen decides whether the plaintiff has a realistic opportunity to comply.

The security is defined as an undertaking by the plaintiff to assure payment to the moving defendant of reasonable expenses incurred in or in connection with a litigation commenced, caused to be commenced, maintained, or caused to be maintained by the plaintiff, including costs and attorney’s fees.

The amount is not fixed by the section either, and the description of what it secures is what a court works from — the defendant’s likely reasonable expenses in the case.

"Caused to be commenced" and "caused to be maintained" reach past the named plaintiff to a litigation someone else filed at their instance, which answers the litigant who files through a proxy.

The consequence of not furnishing security is dismissal, so this order decides whether the case continues.