Texas § CP.13.001 - DISMISSAL OF ACTION
Full text of Texas The Texas Constitution § CP.13.001 — DISMISSAL OF ACTION, with citation guidance and answers to common questions.
§ CP.13.001. DISMISSAL OF ACTION
DISMISSAL OF ACTION. (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. Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § CP.13.001
What does The Texas Constitution § CP.13.001 cover?
Section CP.13.001 ("DISMISSAL OF ACTION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § CP.13.001?
A common citation format is "The Texas Constitution § CP.13.001" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § CP.13.001 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.