Tex. Civ. Prac. & Rem. Code § 13.001 · Chapter 13. AFFIDAVIT OF INABILITY TO PAY COSTS
DISMISSAL OF ACTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the action on a finding that:
(1) the allegation of poverty in the affidavit is false; or
(2) the action is frivolous or malicious.
(b) In determining whether an action is frivolous or malicious, the court may consider whether:
(1) the action's realistic chance of ultimate success is slight;
(2) the claim has no arguable basis in law or in fact; or
(3) it is clear that the party cannot prove a set of facts in support of the claim.
(c) An action may be dismissed under Subsection (a) as frivolous or malicious either before or after service of process.
Notes and commentary — not statutory text
History
Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.13.htm
- Text hash
- sha256 03d8f21d0e3e6c4481b92a9d753d2eceaba29b3f95c90f72e049d7ca8aede22a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Texas Rules of Civil Procedure
Cited by 4 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 13.001. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 14.004AFFIDAVIT RELATING TO PREVIOUS FILINGS.Printed as Section 13.001
- Tex. Civ. Prac. & Rem. Code § 14.007OTHER COSTS.Printed as Section 13.001
- Tex. Civ. Prac. & Rem. Code § 14A.052AFFIDAVIT RELATING TO PREVIOUS FILINGS.Printed as Section 13.001, 14.003, or 14A.051
- Tex. Civ. Prac. & Rem. Code § 14A.055OTHER COSTS.Printed as Section 13.001, 14.003, or 14A.051
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.