Responding to a request regarding a perceived conflict in Family Code Section 58.0071 regarding whether the custodian of physical records and files in a juvenile case can destroy hard copies of those records in particular instances, the Attorney General issued an opinion stating that: 

• Specifies the applicability of a prefiling order: (Section 11.101 (d) and (e))
  • An order entered by a district or county court at law applies to each court in the state.
  • An order entered by a justice or constitutional county court applies only to the court that entered the order.
• Identifies the appropriate local administrative judge from whom a vexatious litigant must obtain permission to file: (Section 11.102 (a)(1) and (a)(2))
  • the local administrative judge of the type of court in which the vexatious litigant intends to file; or
  • if the vexatious litigant intends to file in a justice or constitutional county court, the local administrative district judge.
• New Section 11.1035 titled "Mistaken Filing" establishes procedures in the event that a clerk mistakenly files pro se litigation presented by a vexatious litigant subject to a prefiling order without an order granting permission to file from the appropriate local administrative judge. In the event the clerk mistakenly files litigation that requires an order from a local administrative judge, any party may file with the clerk and serve on the plaintiff and the other parties to the litigation a notice stating that the plaintiff is a vexatious litigant required to obtain permission under Section 11.102 to file litigation. Not later than the next business day after the date the clerk receives notice that a vexatious litigant subject to a prefiling order under Section 11.101 has filed, pro se, litigation without obtaining an order from the appropriate local administrative judge, the clerk shall notify the court that the litigation was mistakenly filed. On receiving notice from the clerk, the court is required to immediately stay the litigation and dismiss the litigation unless the plaintiff, not later than the 10th day after the date the notice is filed, obtains an order from the appropriate local administrative judge permitting the filing of the litigation. An order dismissing litigation that was mistakenly filed by a clerk may not be appealed.
• Provides that Chapter 11 does not apply to a municipal court. (Section 11.002(b))
• Provides that a person who is subject to a prefiling order and who files a request seeking permission to file litigation must provide a copy of the request to all defendants named in the proposed litigation. (Section 11.102(b))
• Provides that the Office of Court Administration may not remove the name of a vexatious litigant subject to a prefiling order under Section 11.101 from the agency's website unless the office receives a written order from the court that entered the prefiling order or from an appellate court. An order of removal affects only a prefiling order entered under Section 11.101 by the same court. A court of appeals decision reversing a prefiling order entered under Section 11.101 affects only the validity of an order entered by the reversed court. (Section 11.104(c))

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