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§ 14.007.Other Costs

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 14. Inmate Litigation · Last amended 2012 · Last verified August 29, 2026

In one sentenceSection 14.007 adds service, postage and transportation, housing and medical costs to the order where the inmate has a previous action finally dismissed as frivolous.

Full Text of § 14.007

Text sizeJump to: (a) (b)

(a)An order of a court under Section 14.006(a) shall include the costs described by Subsection (b) if the court finds that:
(1)the inmate has previously filed an action to which this chapter applies; and
(2)a final order has been issued that affirms that the action was dismissed as frivolous or malicious under Section 13.001 or Section 14.003 or otherwise.
(b)Costs under Subsection (a) shall include, as costs of court, expenses incurred by the court or by the department, jail, or private facility operator, in connection with the claim and not otherwise charged to the inmate under Section 14.006, including:
(1)expenses of service of process;
(2)postage; and
(3)transportation, housing, or medical care incurred in connection with the appearance of the inmate in the court for any proceeding.
End

Plain-English Summary

An escalation for the repeat filer, and it converts real institutional expenses into court costs.

The order shall include the additional costs where the court finds that the inmate has previously filed an action to which this chapter applies and that a final order has been issued affirming that the action was dismissed as frivolous or malicious.

Both conditions are required, and the second is demanding. A dismissal is not enough; there must be a final order affirming it — which is why the disclosure affidavit must state the date of that order.

"Shall include" makes the escalation mandatory once the finding is made.

Three categories of expense become costs of court: expenses of service of process; postage; and transportation, housing, or medical care incurred in connection with the appearance of the inmate in court for any proceeding.

The third is the substantial one. Producing an inmate at a courthouse requires officers, a vehicle, and sometimes an overnight stay and medical attention — costs that dwarf a filing fee.

Those expenses are borne by the department, the jail, or a private facility operator, and the section moves them onto the litigant.

The provision is confined to expenses "not otherwise charged" under the general fee section, so nothing is collected twice.

Read with the effect-on-other-claims provision, the consequence compounds. Costs assessed under this section, unpaid, bar a clerk from accepting any further claim — so a single affirmed frivolous dismissal can close the courthouse to an inmate until a large sum is paid.

The one opening left is a claim for injunctive relief against a substantial threat of irreparable injury or serious physical harm.

Frequently Asked Questions

What extra costs can a repeat filer face?

Service of process expenses, postage, and transportation, housing or medical care costs for the inmate’s court appearances.

What triggers them?

A previous action under the chapter dismissed as frivolous or malicious, affirmed by a final order.

Is the court obliged to include them?

Yes. The order shall include them once the finding is made.

Amendment History

  • Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.
  • Amended by:
  • Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 12.03, eff. January 1, 2012.
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