OPINION
In this appeal we determine whether the trial court properly dismissed, under Chapter Fourteen of the Civil Practice and Remedies Code, an inmate’s petition filed in forma pauperis. Tex. Civ. PRAC. & Rem.Code Ann. §§ 14.001-014 (Vernon Supp.1996).
PROCEDURAL HISTORY
Jimmy Lee Hickson, a prison inmate, brought a suit in forma pauperis against David Moya, Senior Warden of the Alfred D. Hughes Unit of the Department of Criminal Justice (TDCJ). His suit alleged that his “Eighth Amendment right of sleeping was violated when: a) he was subjected to prison cell-block without heat, and undu[e] pain; and b) he was subjected to cold weather of the cell for 120 hours, without corrective *398 action after request for relief.” He also alleged that those acts violаted his Fourteenth Amendment “right to be free of arbitrary proceedings [of] misconduct.” Finally, he said that the acts violated state law because they violated Department policy. He sought $80,000 in compensatory damages and $5,000 in punitive damages.
The court dismissed the cause, finding that the suit did not comply with Chapter Fourteen of the Civil Prаctice and Remedies Code, entitled “Inmate Litigation.” See id. The court further found that the action was frivolous and mаlicious and that the claim had no arguable basis in law or fact. Id. § 14.003(a)(2).
RULE AND STATUTES
Rule 145 of the Rules of Civil Procedure allows a “рarty who is unable to afford costs” to file an affidavit “[i]n lieu of filing security for costs.” Tex.R.Civ. P. 145. Chapter Thirteen of the Civil Prаctice and Remedies Code allows a. trial court to dismiss a suit filed under Rule 145 if the court finds that (1) the allegation оf poverty in the affidavit is false or (2) the action is frivolous or malicious. Tex. Civ. PRAC. & Rem.Code Ann. § 13.001 (Vernon Supp.1996). Until recently,
in forma pauperis
inmate litigation was frequently dismissed under thе provisions of Chapter Thirteen.
See, e.g., Birdo v. Schwartzer,
Effective June 8, 1995, the legislature enacted Chapter Fourteen of the Civil Practice and Remedies Code, “Inmate Litigation.” Tex. Civ. PRAC. & Rem.Code Ann. §§ 14.001-.014. Chapter Thirteen was also amended, so that it no longer applies to inmate litigation covered by Chapter Fourteen. Id. § 13.004 (Vernon Supp.1996).
Chаpter Fourteen applies to suits brought by an inmate who has filed “an affidavit or unsworn declaration of inability tо pay costs.” Id. § 14.002. 1 Section 14.003 allows a court to dismiss a suit before or after process is served if the court finds (1) that the allegation of poverty in the affidavit or unsworn declaration is false, (2) the claim is frivolous or malicious, or (3) the inmate filed an affidavit or unsworn declaration required by Chapter Fourteen that the inmate knew was false. Id. § 14.003(a). In determining whether a claim is frivolous or malicious, the court may consider whether (1) the claim’s realistic chance of ultimate success is slight, (2) the claim has no arguable basis in law or in fact, (3) it is clear that the party cannot prove facts in support of the claim, or (4) the claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts. Id. § 14.003(b).
Section 14.004 requires that the inmate file a separate affidavit or declaration identifying each prior suit brought by the inmate, speсifying the operative facts, the case name, the cause number, the court in which it was brought, the names of thе parties, and stating the result of the suit. Id. § 14.004(a). This section also requires that the inmate file a certified copy of his trust-account statement from the Department. Id. § 14.004(c). Section 14.005 applies to eomplained-of acts that are subject to the statutorily-required grievance procedure set up by the Department. Id. § 14.005; Tex. Gov’t Code Ann. § 501.008 (Vernon Supp.1996).
STANDARD OF REVIEW
We have held that the standard for review of a dismissal under Chapter Thirteen is whether the cоurt abused its discretion.
Birdo v. DeBose,
DEFICIENCIES IN HICKSON’S FILING
Hickson’s petition wаs not accompanied by the affidavit or unsworn declaration required by section 14.004. Tex. Civ. PRAC. & RemlCode Ann. § 14.004. We beliеve that Chapter Fourteen was designed to control the flood of frivolous lawsuits being filed in the courts of this State by prison inmates, consuming valuable judicial resources with little offsetting benefit. We have previously noted:
Prisoners have everything to gain and little to lose by filing ftivolous suits. Green,788 F.2d at 1119 . It costs them almost nothing; time is of no consequence to а prisoner; threats of sanctions are virtually meaningless; and the prisoner can look forward to a day triр to the courthouse. Id. Thus, the temptation to file a frivolous suit is strong. Id. at 1120. Such suits, however, waste valuable judicial resources and subject the state and its рrison officials to the burden of unwarranted litigation, preventing claims with merit from being heard expeditiously. Id.
Spellmon v. Sweeney,
CONCLUSION
We find that the court did not abuse its discretion in dismissing Hickson’s suit for failure to file the accompanying affidavit or unsworn declaratiоn describing all prior litigation to which he was a party-plaintiff.
See id.; Birdo,
Notes
. Chapter Fourteen does not, however, apply to actions brought under the Family Code. Tex. Civ. Prac & Rem.Code Ann. § 14.002(b) (Vernon Supp. 1996).
