§ 14A.052.Affidavit Relating to Previous Filings

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 14A. Litigation by Civilly Committed Individual · Subchapter B. Dismissal of and Requirements for Claim · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 14A.052 requires a disclosure affidavit that goes beyond the inmate chapter’s — adding the committing court, prior filings of the same claim, grievance exhaustion, and a vexatious litigant certification.

Full Text of § 14A.052

Text sizeJump to: (a) (b) (c)

(a)A civilly committed individual who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit or declaration:

(1)identifying the court that ordered the individual's civil commitment under Chapter 841, Health and Safety Code;

(2)indicating whether any cause of action or allegation contained in the petition has previously been filed in any other court, and if so, stating the cause of action or allegation previously filed and complying with Subdivision (6) and Subsection (b);

(3)identifying each action, other than an action under the Family Code, previously brought by the individual in which the individual was not represented by an attorney, without regard to whether the individual was civilly committed at the time the action was brought;

(4)certifying that all grievance processes applicable to the matter that is the basis of the claim, if any, have been exhausted;

(5)certifying that no court has found the individual to be a vexatious litigant under Chapter 11; and

(6)describing each action that was previously brought by:

(A)stating the operative facts for which relief was sought;

(B)listing the case name, the cause number, and the court in which the action was brought;

(C)identifying each party named in the action; and

(D)stating the result of the action, including whether the action or a claim that was a basis for the action was dismissed as frivolous or malicious under Section 13.001, 14.003, or 14A.051 or otherwise.

(b)If the affidavit or unsworn declaration filed under this section states that a previous action or claim was dismissed as frivolous or malicious, the affidavit or unsworn declaration must state the date of the final order affirming the dismissal.

(c)The affidavit or unsworn declaration must be accompanied by the certified copy of the trust account statement required by Section 14A.054(f).

End

Plain-English Summary

The most demanding disclosure requirement in this family of chapters, and three of its six items have no counterpart in the inmate version.

The shared requirement is the litigation history: identifying each action, other than a Family Code action, previously brought without an attorney, without regard to whether the individual was civilly committed at the time — with the operative facts, case name, cause number, court, parties and result of each.

The first addition is the committing court. The affidavit must identify the court that ordered the individual’s civil commitment under the Health and Safety Code.

That is a status question rather than a litigation one, and it lets a court confirm at the outset that the person is within the chapter at all.

The second addition is prior filing of the same claim. The affidavit must indicate whether any cause of action or allegation in the petition has previously been filed in any other court — and if so, state it and describe that action in full.

The inmate chapter reaches the same problem indirectly, through the general history and the repeated-claim consideration. Here it is asked directly.

The third addition is a certification that all applicable grievance processes have been exhausted. The following section requires the grievance decision to be filed; this requires the individual to certify the point on oath.

The fourth is the most consequential: a certification that no court has found the individual to be a vexatious litigant under Chapter 11.

That links two separate regimes. A vexatious litigant under a prefiling order cannot file pro se without a local administrative judge’s permission, and this puts the question in front of the court at the outset.

Every certification is a place a false statement can be found, and a knowingly false affidavit is itself a ground for dismissal.

The certified trust account statement must accompany the affidavit, as in the inmate chapter.

Frequently Asked Questions

What must the affidavit contain?

The committing court, whether the claim was filed elsewhere before, the individual’s full history of unrepresented actions, a grievance exhaustion certification, and a certification of no vexatious litigant finding.

How does it differ from the inmate chapter?

It adds the committing court, prior filing of the same claim, the exhaustion certification and the vexatious litigant certification.

What accompanies it?

A certified copy of the individual’s trust account statement.

Amendment History

Added by Acts 2023, 88th Leg., R.S., Ch. 203 (S.B. 1180), Sec. 1, eff. May 24, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 10, eff. September 1, 2023.

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