OPINION In this permissive interlocutory appeal,[1] appellants, the âSan Jacinto companies,â[2] challenge the trial courtâs order denying their motion to dismiss[3] the claims brought against them by appellees, the âDel Pino property owners,â[4] in the Del Pino property ownersâ suit for negligence, gross negligence, nuisance, and violations of the Texas Water Code. In their sole issue, the San Jacinto companies contend that the trial court erred in denying their motion to dismiss. We affirm. Background On February 7, 2020, the Del Pino property owners filed their original petition against the San Jacinto companies, alleging that they own or occupy property in Harris County, Texas in the areas surrounding Lake Houston, including in Kingwood, Atascocita, Humble, Sheldon, Crosby, and Huffman, Texas. According to the Del Pino property owners, in August 2017, Hurricane Harvey developed near the Texas Gulf Coast. On August 24, 2017, Hurricane Harvey was âupgraded to a Category 3 âmajor hurricaneââ and â[m]eteorologists warned of torrential rains and flooding of 30-40 inches in the greater Houston areaâ as well as âwidespread flooding throughout the Texas Gulf Coast.â Hurricane Harvey âmade landfallâ on August 25, 2017 and âultimately stationed itself over Harris County,â âdump[ing] catastrophic rain throughout the county.â The Del Pino property owners also alleged that Lake Conroe, a reservoir located in Montgomery County, Texas near the âWest Fork of the San Jacinto River,â and Lake Houston, a reservoir located in Harris County along the San Jacinto River, were âconstructed principally for flood control.â The San Jacinto River flows through both Lake Conroe and Lake Houston and into the Galveston Bay. Lake Houston is situated near the areas of Kingwood, Atascocita, Humble, Sheldon, Crosby, and Huffman. And Lake Houston âreceives [water] flow from both the East and West [F]orks of theâ San Jacinto River. The Del Pino property owners noted that âmuch smaller[] tributaries,â including Spring Creek, connect to the San Jacinto River south of Lake Conroe. According to the Del Pino property owners, since its initial development in 1954, Lake Houston âha[d] steadily lost its reserve capacityâ at âa rapid rate.â That loss of capacity, according to a 2011 study, was âcaused by the increased sedimentation being placed in Lake Houston,â and multiple studies âshow[ed] that reduced capacity [was] also occurring in the West Fork of the San Jacinto River.â The Del Pino property owners alleged that many of the San Jacinto companies âown[ed] and/or operate[d] mining facilities within two miles of the East Fork of the San Jacinto River, the West Fork of the San Jacinto River, Spring Creek, and/or Lake Houston,â while others owned or have owned properties close to those waterways. And the San Jacinto companies âdischarged or failed to prevent the discharge of processed water, silt, sand, sediment, dirt, and other materials from their facilities . . . into Spring Creek, the West Fork of the San Jacinto River, and the East Fork of the San Jacinto River.â The âomissions, and failuresâ by the San Jacinto companies caused âthe overall capacityâ of the waterways to âdramatically decrease[].â As a result, âwhen the water cameâ from Hurricane Harvey, âthe rivers and the lake[s] simply could not hold the volume,â causing Lake Houston to backflow and flood the Del Pino property ownersâ properties. The Del Pino property owners brought claims against the San Jacinto companies for negligence, gross negligence, nuisance, and violations of the Texas Water Code. As to their negligence and gross negligence claims, the Del Pino property owners alleged that the San Jacinto companies âowed a duty to [the Del Pino property owners] to implement procedures to reduce the discharge of sediment, silt, sand[,] and other materials into the West Fork of the San Jacinto River, the East Fork of the San Jacinto River, Spring Creek, and Lake Houston.â And the San Jacinto companies breached that duty by â[f]ailing to locate sand mines outside of floodways,â â[f]ailing to increase the width of dikes,â â[f]ailing to decrease the slope of dikes,â â[f]ailing to control erosion with vegetation,â â[f]ailing to replant areas not actively being mined,â â[f]ailing to avoid clearing areas that w[ould] not soon be mined,â â[f]ailing to protect stockpiles from flooding,â â[f]ailing to mine only above the deepest part of the [San Jacinto] [R]iver,â and âfail[ing] to implement adequate procedures and mechanisms to prevent the discharge of silt, sand, sediment, and dirt into the West Fork of the San Jacinto River, the East Fork of the San Jacinto River, and Spring Creek.â The San Jacinto companiesâ conduct resulted in the waterways âlosing capacityâ and caused flooding of the Del Pino property ownersâ properties.[5] According to the Del Pino property owners, the San Jacinto companies âacted as joint tortfeasorsâ because the ânegligence of each [of the San Jacinto companies] was a proximate cause of the flooding of [the Del Pino property owners'] properties, and [their] negligent conduct [was] inextricably combined.â And âin the eventâ that the Del Pino property ownersâ âinjuries and damages c[ould not] be apportioned with reasonable certainty as to eachâ of the San Jacinto companies, the Del Pino property ownersâ âinjuries [were] indivisible, and [the San Jacinto companies were] jointly and severally liable for the flooding of [the Del Pino property owners'] properties.â As to their nuisance claims, the Del Pino property owners alleged that they âha[d] a private interest in landâ and owned property in Harris County in the areas surrounding Lake Houston. And when the San Jacinto companies breached their duty âto implement procedures to reduce the discharge of sediment, silt, sand[,] and other materials in[to] the West Fork of the San Jacinto River, the East Fork of the San Jacinto River, Spring Creek, and Lake Houston,â they caused the waterways to lose capacity, resulting in the âflooding of [the Del Pino property owners'] properties.â The Del Pino property owners stated that the San Jacinto companiesâ ânegligent conduct resulted in an interference and invasion of [the Del Pino property owners'] private properties, substantially interfering with [the Del Pino property owners'] use and enjoyment of their land, and resulting in [their] suffering [of] substantial damages.â And the San Jacinto companies âacted as joint tortfeasorsâ because the ânegligence of each defendant was a proximate cause of the flooding of [the Del Pino property owners'] properties, and [their] negligent conduct [was] inextricably combined.â Further, âin the eventâ that the Del Pino property ownersâ âinjuries and damages c[ould not] be apportioned with reasonable certainty as to eachâ of the San Jacinto companies, the Del Pino property ownersâ âinjuries [were] indivisible, and [the San Jacinto companies were] jointly and severally liable for the flooding of [the Del Pino property owners'] properties.â As to their claims for violations of the Texas Water Code, the Del Pino property owners alleged that Texas Water Code section 11.086 states: âNo person may divert or impound the natural flow of surface waters in this [S]tate, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.â[6] (Internal quotations omitted.) And the San Jacinto companies, â[b]y failing to prevent the discharge of sediment, silt, sand, dirt, and other materialsâ into the West Fork of the San Jacinto River, the East Fork of the San Jacinto River, Spring Creek, and Lake Houston, âcreated a diversion and/or impoundment of the natural flow of surface waterâ that âproximately caused the flooding ofâ the Del Pino property ownersâ properties, in violation of the Texas Water Code. Additionally, the Del Pino property owners alleged that Texas Water Code sections 26.039 and 26.121[7] âprohibit[ed] the discharge of sand, silt, dirt, and other materials into or adjacent to any water in the [S]tate.â And the San Jacinto companiesâ conduct âconstitute[d] a clear violation of the[se] [sections of the] Texas Water Code, which . . . caused [the Del Pino property owners] to suffer significant damages.â The Del Pino property owners sought damages for the â[c]ost of repairs to real property,â the â[c]ost of replacement or fair market value of personal property lost, damaged, or destroyed,â the â[l]oss of use of real and personal property,â the âdiminution of [their properties'] market value,â the â[l]oss of income, business income, profits, and business equipment,â and the â[l]oss of good will and reputation.â The Del Pino property owners also sought to recover for â[c]onsequential costs incurred, including but not limited to alternative living conditions or accommodations and lost time from workâ and â[m]ental anguish and/or emotional distress.â Pertinent here, the Del Pino property owners, in their original petition, specifically addressed the timeliness of their original petitionâs filing. They alleged that they âexercised diligence and actively pursued their judicial remediesâ by timely filing, on August 23, 2019, a plea in intervention in another suit: âEllisor, et al[.] v. Hanson Aggregates, LLC, et al.[,] Cause No. 2018-66557, pending in the 11[th] Judicial District Court of Harris Countyâ (the âEllisor suitâ). According to the Del Pino property owners, the trial court in the Ellisor suit dismissed their plea in intervention on December 16, 2019 âas insufficient to confer jurisdictional standing upon [the Del Pino property owners]â in that court. But the Del Pino property owners argued that they â timely refil[ed]â their petition in the current case because, in accordance with Texas Civil Practice and Remedies Code section 16.064(a), they filed their original petition within sixty days of the date of the dismissal of their plea in intervention in the Ellisor suit.[8] The San Jacinto companies answered,[9] generally denying the allegations in the Del Pino property ownersâ petition and asserting various affirmative defenses, including that the Del Pino property ownersâ claims were barred by the applicable statute of limitations. The San Jacinto companies also filed a motion to dismiss under Texas Rule of Civil Procedure 91a, arguing that the Del Pino property ownersâ claims had no basis in law or fact because they were barred by the applicable statute of limitations.[10] As the San Jacinto companies explained, the Del Pino property ownersâ âlawsuit ar[ose] from the massive flooding event that occurred during Hurricane Harvey in August 2017.â And the Del Pino property owners brought claims against the San Jacinto companies for negligence, gross negligence, nuisance, and violations of the Texas Water Code, which were subject to a two-year statute of limitations.[11] Although the Del Pino property owners alleged that they were injured during Hurricane Harvey in August 2017, they did not file their original petition in this case until February 7, 2020âmore than two years after their claims had accrued. The San Jacinto companies also asserted that Texas Civil Practice and Remedies Code section 16.064(a) could not ârevive [the Del Pino property owners'] time-barred claims.â[12] Although the San Jacinto companies noted that the Del Pino property ownersâ plea in intervention was filed in the Ellisor suit on August 23, 2019, making it timely for purposes of the applicable statute of limitations, and the San Jacinto companiesâ original petition in this case was filed within sixty days of the dismissal of their plea in intervention in the Ellisor suit, the San Jacinto companies stated that Texas Civil Practice and Remedies Code section 16.064(a) could not toll the statute of limitations in this case because the Del Pino property ownersâ plea in intervention âwas dismissed for lack of a justiciable interest, not for lack of jurisdiction.â (Internal footnote and quotations omitted.) Further, Texas Civil Practice and Remedies Code section 16.064(a) could not toll the applicable statute of limitations for the Del Pino property ownersâ claims because the Del Pino property owners filed their plea in intervention in the Ellisor suit âwith an intentional disregard for the requirements to interveneâ and section 16.064(a) âd[id] not apply when [a party's] first filing was made with intentional disregard of proper jurisdiction.â[13] (Internal quotations omitted.) In response to the San Jacinto companiesâ motion to dismiss, the Del Pino property owners argued that their claims were not time-barred because the applicable statute of limitations was tolled under Texas Civil Practice and Remedies Code section 16.064(a). According to the Del Pino property owners, the requirements of section 16.064(a) had been satisfied because they timely filed their plea in intervention in the Ellisor suitâbefore the statute of limitations on their claims had runâwhich the San Jacinto companies did not dispute. And after the Del Pino property ownersâ plea in intervention was dismissed by the trial court in the Ellisor suit âfor lack of a justiciable interest,â the Del Pino property owners filed their original petition in this case within sixty days of the plea in interventionâs dismissal. Finally, according to the Del Pino property owners, there had been no âintentional disregard of proper jurisdictionâ by the Del Pino property owners when they filed their plea in intervention in the Ellisor suit.[14] As to the San Jacinto companiesâ argument that section Texas Civil Practice and Remedies Code section 16.064(a) could not apply to toll the statute of limitations because the Del Pino property ownersâ plea in intervention was not dismissed for a âlack of jurisdiction,â the Del Pino property owners explained that the phrase âdismissedâ âbecause of lack of jurisdiction,â as stated in section 16.064(a), âcover[ed] the entire gamut of reasons a court might decline to exercise jurisdiction in a particular action.â And a dismissal âfor lack of a justiciable interestâ was a dismissal for âlack of jurisdiction.â[15] After a hearing, the trial court denied the San Jacinto companiesâ motion to dismiss. In its order denying the motion to dismiss, the trial court stated that this case was âone of three lawsuits involving a total of over 1,600 plaintiffs making the same claims against over fifty defendants, arising from a massive flooding event that occurred during Hurricane Harvey in August 2017.â Those three lawsuits, which included the Ellisor suit, âwere all transferred to [the] MDL Pre-Trial Court in May 2020 under the master file In Re: Harvey Sand Litigation, Cause No. 2020-48333.â Although the San Jacinto companies âmoved to dismiss [the Del Pino property owners'] claims . . . because they [were] barred by [the applicable statute of] limitations,â the trial court found that âthe tolling principles ofâ Texas Civil Practice and Remedies Code section 16.064(a) applied and preserved the Del Pino property ownersâ claims because: (1) the Del Pino property ownersâ âattempted intervention [filed in the Ellisor suit] was stricken for lack of a justiciable interest which [was] tantamount to a dismissal for âlack of jurisdictionâ as that phrase is usedâ in section 16.064(a) and (2) âafter [the Del Pino property owners'] intervention was stricken in [the Ellisor suit], it was refiled in a âdifferent courtâ of proper jurisdiction as that term is usedâ in section 16.064(a). The trial court also specifically rejected the San Jacinto companiesâ argument that Texas Civil Practice and Remedies Code section 16.064(a) did not apply because the Del Pino property ownersâ plea in intervention was filed in the Ellisor suit âwith intentional disregard of proper jurisdiction.â[16] But the trial court rejected that argument âwithout prejudice to [the San Jacinto companies'] ability to raise th[e] issue outside the [Texas] Rule [of Civil Procedure] 91a context.â The trial court then granted the San Jacinto companies permission to pursue a permissive interlocutory appeal of its order denying their motion to dismiss based on the following controlling question of law: Where a district court strikes an attempted intervention for lack of justiciable interest and the putative intervenor subsequently files an original petition in the same county, which is assigned to a different judicial district than the original suit, is the striking of the petition in intervention a dismissal for âlack of jurisdictionâ and is the second suit filed in a âdifferent courtâ as those terms are used in [Texas Civil Practice and Remedies Code section] 16.064, such that the statute of limitations is tolled to preserve the putative intervenorâs claims? This Court granted the San Jacinto companiesâ petition for permissive interlocutory appeal.[17] Standard of Review Texas Rule of Civil Procedure 91a allows a party to move for early dismissal of a cause of action against it. See TEX. R. CIV. P. 91a; Ball v. City of Pearland, No. 01-20-00039-CV, 2021 WL 4202179, at *2 (Tex. App.âHouston [1st Dist.] Sept. 16, 2021, no pet.) (mem. op.). A trial court may dismiss a cause of action under rule 91a if âit has no basis in law or fact.â TEX. R. CIV. P. 91a.1; Ball, 2021 WL 4202179, at *2. Relevant here, â[a] cause of action has no basis in law if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant[s] to the relief sought.â TEX. R. CIV. P. 91a.1; see also Ball, 2021 WL 4202179, at *2. Texas Rule of Civil Procedure 91a âpermits motions to dismiss based on affirmative defenses.â Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C., 595 S.W.3d 651, 656 (Tex. 2020); see also In re Springs Condos., L.L.C., No. 03-21-00493-CV, 2021 WL 5814292, at *3 (Tex. App.âAustin Dec. 8, 2021, orig. proceeding) (mem. op.) (trial court could grant rule 91a motion to dismiss claims based on âlimitations groundsâ); In re Canfora, No. 01-21-00128-CV, 2021 WL 4095580, at *3, 8â9 (Tex. App.âHouston [1st Dist.] Sept. 9, 2021, orig. proceeding) (mem. op.) (conditionally granting mandamus relief from denial of rule 91a motion based on attorney immunity defense and judicial proceeding privilege). In ruling on a rule 91a motion to dismiss, the trial court âmay not consider evidenceâ and âmust decide the motion based solely on the pleading of the cause of action, together with any pleading exhibitsâ permitted by the Texas Rules of Civil Procedure. TEX. R. CIV. P. 91a.6; see also Bethel, 595 S.W.3d at 654. But â[i]n deciding a [r]ule 91a motion, a court may consider the defendant[s'] pleadings if doing so is necessary to make the legal determination of whether an affirmative defense is properly before the court.â Bethel, 595 S.W.3d at 656. If an affirmative defense cannot âbe conclusively established by the facts in [the] plaintiff[s'] petitionâ and requires consideration of evidence, âsuch [a] defense[] [is] not a proper basis for a [rule 91a] motion to dismiss.â Id.; see also In re Springs Condos., 2021 WL 5814292, at *3. We review a trial courtâs decision on a rule 91a motion to dismiss de novo. See Bethel, 595 S.W.3d at 654; Malik v. GEICO Advantage Ins. Co., No. 01-19-00489-CV, 2021 WL 1414275, at *4 (Tex. App.âHouston [1st Dist.] Apr. 15, 2021, pet. denied) (mem. op.). We also review issues of statutory construction de novo. Silguero v. CSL Plasma, Inc., 579 S.W.3d 53, 59 (Tex. 2019). In interpreting statutes, we look to the plain language, construing the text in light of the statute as a whole.â Id. We rely on the plain meaning of a statuteâs text âas expressing legislative intent unless a different meaning is supplied by legislative definition or is apparent from the context, or the plain meaning leads to absurd results.â Fort Worth Transp. Auth. v. Rodriguez, 547 S.W.3d 830, 838 (Tex. 2018). Motion to Dismiss In their sole issue, the San Jacinto companies argue that the trial court erred in denying their motion to dismiss because the Del Pino property ownersâ claims against the San Jacinto companies are barred by the applicable statutes of limitations. In their original petition, the Del Pino property owners brought claims against the San Jacinto companies for negligence, gross negligence, nuisance, and violations of the Texas Water Code, alleging that their properties located in Harris County sustained damage in August 2017 related to Hurricane Harvey when âheavy rain fellâ and âsurface water was diverted onto land and eventually onto [the Del Pino property owners'] properties.â The parties do not dispute that a two-year statute of limitations applies to the Del Pino property ownersâ claims. See TEX. CIV. PRAC. & REM. CODE ANN. § 16.003 (person must bring suit for injury to real or personal property ânot later than two years after the day the cause of action accruesâ). Thus, the Del Pino property owners were required to bring their claims against the San Jacinto companies by August 2019âtwo years after their claims had accrued. The Del Pino property owners filed their original petition in this case on February 7, 2020âmore than two years after their claims had accrued. But, in their original petition, the Del Pino property owners asserted that their claims against the San Jacinto companies were not time barred because Texas Civil Practice and Remedies Code section 16.064(a) applied to this case and tolled the statute of limitations. Texas Civil Practice and Remedies Code section 16.064(a) provides: The period between the date of filing an action in the trial court and the date of a second filing in the same action in a different court suspends the running of the applicable statute of limitations for the period if: because of lack of jurisdiction in the trial court where the action was first filed, the action is dismissed or the judgment is set aside or annulled in a direct proceeding; and not later than the 60th day after the date of dismissal or other disposition becomes final, the action is commenced in a court of proper jurisdiction. TEX. CIV. PRAC. & REM. CODE ANN. § 16.064(a).[18] Under section 16.064(a), when âa party . . . file[s] suit in a different court and that first-filed suit [is] dismissed for lack of jurisdiction, the statute of limitations may be tolled if the party re-files the suit in a court of proper jurisdiction within sixty days after the dismissal.â Lewallen v. Cross, No. 03-14-0026-CV, 2014 WL 4365081, at *4 (Tex. App.âAustin Aug. 27, 2014, no pet.) (mem. op.) (noting â[s]tatutory tolling [of statute of limitations] is available under section 16.064âł). In interpreting section 16.064(a), we are mindful that tolling provisions are remedial in nature and are to be liberally construed. Winston v. Am. Med. Intâl, Inc., 930 S.W.2d 945, 954 (Tex. App.âHouston [1st Dist.] 1996, writ denied); see also Estate of I.C.D. v. Beaumont Indep. Sch. Dist., No. 1:18-CV-137, 2020 WL 1028073, at *6 (E.D. Tex. Mar. 2, 2020) (mem. op. and order) (âSection 16.064 is remedial in nature and should be liberally construed to effect its statutory purpose. Thus, courts have not required literal adherence to [section] 16.064â˛s requirements.â (internal citations omitted)). For a party to rely on Texas Civil Practice and Remedies Code section 16.064(a) as a basis for tolling the applicable statute of limitations, that party must comply with the requirements set out in the statute. See Agenbroad v. Mcentire, No. 4:12cv480, 2014 WL 12551224, at *1 (E.D. Tex. Feb. 8, 2014) (order). Section 16.064(a) applies when (1) the partyâs action is refiled in a different court, (2) the dismissal of the action was based on a lack of jurisdiction, and (3) the action is refiled within sixty days of dismissal. TEX. CIV. PRAC. & REM. CODE ANN. § 16.064(a); see also Villarreal v. JP Morgan Chase Bank, Natâl Assân, No. M-09-141, 2010 WL 11575588, at *2 (S.D. Tex. July 5, 2010) (order). According to the Del Pino property owners, they satisfied the requirements of section 16.064(a) because they timely filed their plea in intervention, containing their claims against the San Jacinto property owners, on August 23, 2019, in the Ellisor suit; their plea in intervention was dismissed for âlack of jurisdictionâ; and they filed their original petition with their claims against the San Jacinto companies in a âdifferent courtâ within sixty days of the dismissal.[19] See TEX. CIV. PRAC. & REM. CODE ANN. § 16.064(a); see also Villarreal, 2010 WL 11575588, at *2. In contrast, the San Jacinto companies assert that the Del Pino property owners cannot satisfy the âdismissed for lack of jurisdictionâ requirement set out in Texas Civil Practice and Remedies Code section 16.064(a). See Lewallen, 2014 WL 4365081, at *4; see also TEX. CIV. PRAC. & REM. CODE ANN. § 16.064(a). According to the San Jacinto companies, the trial courtâs decision in the Ellisor suit to âstrik[e] [the Del Pino property owners' plea] in intervention for a lack of the required justiciable interestâ was a âmatter of judicial prudenceâ and not âa dismissal for lack of jurisdiction,â as section 16.064(a) requires. In doing so, they rely on the 2019 edition of Blackâs Law Dictionary, which defines âlack of jurisdictionâ as â[a] courtâs lack of power to act in a particular way or to give certain kinds of relief.â See Lack of Jurisdiction, BLACKâS LAW DICTIONARY (11th ed. 2019) (referencing definition for âwant of jurisdictionâ); see also Want of Jurisdiction, BLACKâS LAW DICTIONARY (11th ed. 2019) (defining âwant of jurisdictionâ as â[a] courtâs lack of power to act in a particular way or to give certain kinds of reliefâ). We do not believe that in enacting Texas Civil Practice and Remedies Code section 16.064(a), the Texas Legislature intended to have âjurisdictionâ read so narrowly. Historically, the term âjurisdictionâ has had many meanings, some of which have included justiciability concerns. In re United Servs. Auto. Assân, 307 S.W.3d 299, 305 (Tex. 2010); see, e.g., Sw. Elec. Power Co. v. Lynch, 595 S.W.3d 678, 685 (Tex. 2020) (subject-matter jurisdiction over declaratory judgment suit requires that âparties have standing, and a ripe, justiciable controversyâ). And the precision of the San Jacinto companiesâ urged definition does not accurately reflect the ordinary meaning of âlack of jurisdictionâ that was in use when section 16.064(a) was enacted. See Cadena Commercial USA Corp. v. Tex. Alcoholic Bev. Commân, 518 S.W.3d 318, 326â27 (Tex. 2016) (defining terms left undefined in statute âbased on their common usage and meaningâ at time statute was enacted); Chamul v. Amerisure Mut. Ins. Co., 486 S.W.3d 116, 125 (Tex. App.âHouston [1st Dist.] 2016, pet. denied) (narrow definition from 1991 dictionary was not âan appropriate source to discern the meaning of a term incorporated into a statute more than 70 years earlierâ and use of that definition was contrary to mandate that workersâ compensation statute be liberally construed). At the time that Texas Civil Practice and Remedies Code section 16.064(a) was enacted, jurisdiction was âa term of comprehensive importâ and, much as the Texas Supreme Court observed in In re United Services Automobile Assân, had different meanings in different contexts. 307 S.W.3d at 305; see also Jurisdiction, BLACKâS LAW DICTIONARY (6th ed. 1990). Texas Civil Practice and Remedies Code section 16.064(a) was enacted in 1985 as a nonsubstantive recodification of a 1936 statute. See Act of May 17, 1985, 69th Leg., R.S., ch. 959, § 1, sec. 16.064, 1985 Tex. Gen. Laws 3242, 3257 (current version at TEX. CIV. PRAC. & REM. CODE ANN. § 16.064). At that time, dismissal for âlack of jurisdictionâ was understood to mean both dismissal for lack of subject-matter jurisdiction or personal jurisdiction and dismissal âbased upon the impropriety of exercising jurisdiction in a particular action.â Vale v. Ryan, 809 S.W.2d 324, 326â27 (Tex. App.âAustin 1991, no writ) (emphasis and internal quotations omitted). Texas courts have applied section 16.064(a) to discretionary dismissals such as a federal district courtâs refusal to exercise jurisdiction over pendent state-law claims. See id.; see also Sawyer v. Nueces Cty. Sheriffâs Depât, No. 13-97-704-CV, 1999 WL 34973349, at *2â3 (Tex. App.âCorpus Christiâ Edinburgh Feb. 11, 1999, no pet.) (not designated for publication) (recognizing section 16.064(a) âapplies when a federal court refuses to exercise jurisdiction over a pendent state-law claimâ but plaintiffâs claims were not protected because of plaintiffâs failure to refile his claims in Texas state court within sixty days after federal courtâs dismissal); Kaplan v. Clear Lake City Water Auth., No. C14-91-01344-CV, 1992 WL 383881, at *5 (Tex. App.âHouston [14th Dist.] Dec. 23, 1991, writ denied) (not designated for publication) (following rule in Vale that section 16.064(a) applies to pendent state-law claims dismissed by federal court but concluding section 16.064(a) did not apply to plaintiffâs claims because of plaintiffâs failure to refile claims in Texas state court within sixty days of dismissal by federal court); Burford v. Sun Oil Co., 186 S.W.2d 306, 315 (Tex. App.âAustin 1944, writ refâd w.o.m.) (applying predecessor statute to plaintiffsâ claims refiled in Texas state court after they were dismissed by United States Supreme Court). If Texas Civil Practice and Remedies Code section 16.064(a) applies after a discretionary dismissal of a pendent state-law claim in federal court, there is no reason for it not to apply when a plea in intervention is stricken or dismissed for âlack of a justiciable interest,â which is not discretionary. See In re Union Carbide Corp., 273 S.W.3d 152, 154â56 (Tex. 2008). Texas Rule of Civil Procedure 60 provides that â[a]ny party may intervene by filing a pleading subject to being stricken out by the [trial] court for sufficient cause on the motion of any party.â TEX. R. CIV. P. 60. âThe rule authorizes a party with a justiciable interest in a pending suit to intervene in the suit as a matter of right.â In re Union Carbide, 273 S.W.3d at 154. âBecause intervention is allowed as a matter of right, the âjusticiable interestâ requirement is of paramount importance . . . .â Id. at 154â55. â[I]t defines the category of non-parties who may, without consultation with or permission from the original parties or the [trial] court, interject their interests into a pending suit to which the intervenors have not been invited.â Id. at 155 (noting âthe âjusticiable interestâ requirement protects pending cases from having interlopers disrupt the proceedingsâ). A party to the pending suit may protect itself from intervention by filing a motion to strike. Id. And if any party in the pending suit moves to strike the intervenorâs plea in intervention, the intervenor has the burden to show a justiciable interest in the pending suit. Id. To satisfy the âjusticiable interestâ requirement, an intervenor must show that he could have brought all or part of the pending suit in his own name. Id. (â[T]he intervenorâs interest must be such that if the [pending suit] had never been commenced, and he had first brought it as the sole plaintiff, he would have been entitled to recover in his own name to the extent at least of a part of the relief sought in the [pending] suit.â (internal quotations omitted)). Thus, in determining whether an intervention is proper, the trial court considers its jurisdiction as limited to the injuries originally at issue in the pending suit. See id. at 154â55. If a trial court determines that the intervenor lacks a justiciable interest, it must grant a motion to strike if filed by a party in the pending suit. Id. at 154â56. Accordingly, a ruling that an intervenor lacks a âjusticiable interestâ is not merely a balancing of prudential considerations to arrive at the conclusion that the trial court should not rule on the plea in intervention but a determination that the trial court cannot rule on the plea in intervention.[20] For these reasons, we agree with the trial court that the striking or dismissing of the Del Pino property ownersâ plea in intervention by the trial court in the Ellisor suit was âtantamount to a dismissal for âlack of jurisdictionâ as that phrase is usedâ in Texas Civil Practice and Remedies Code section 16.064(a). And we conclude that the Del Pino property owners satisfied the âdismissed for lack of jurisdictionâ requirement set out in section 16.064(a).[21] See Lewallen, 2014 WL 4365081, at *4; see also TEX. CIV. PRAC. & REM. CODE ANN. § 16.064(a). The San Jacinto companies also assert that the Del Pino property owners cannot satisfy the âdifferent courtâ requirement set out in Texas Civil Practice and Remedies Code section 16.064(a). See TEX. CIV. PRAC. & REM. CODE ANN. § 16.064(a) (âThe period between the date of filing an action in the trial court and the date of a second filing of the same action in a different court suspends the running of the applicable statute of limitations for the period if: (1) because of lack of jurisdiction in the trial court where the action was first filed, the action is dismissed or the judgment is set aside or annulled in a direct proceeding; and (2) not later than the 60th day after the date the dismissal or other disposition becomes final, the action is commenced in a court of proper jurisdiction.â (emphasis added)); see also Villarreal, 2010 WL 11575588, at *2. According to the San Jacinto companies the term âdifferent court,â as contained in section 16.064(a), means a tribunal or place with different jurisdictional rules than the trial court in the Ellisor suit where the Del Pino property owners filed their plea in intervention. The San Jacinto companies state that the 11th District Court of Harris Countyâwhere the Del Pino property owners filed their plea in intervention in the Ellisor suitâand the 129th District Court of Harris Countyâwhere the Del Pino property owners filed their original petition in this caseâare different âdistrictsâ of the âsame courtâ for purposes of section 16.064(a) and cannot meet the âdifferent courtsâ requirement of the statute. Contrary to the San Jacinto companiesâ assertion, no statute defines all Harris County district courts as a single court, nor does the fact that the Harris County district courts have concurrent subject-matter jurisdiction and personal jurisdiction mean that they constitute one court. Instead, we note that the Texas Constitution refers to âDistrict Courtsâ in the plural. See TEX. CONST. art. 5, § 1; see also TEX. CONST. art. 5, § 7 (âJudicial Districtsâ). And the Texas Government Code governs the transfer of cases between district courts, allowing district court judges to âtemporarily exchange benches with the judge of another district court in the county.â TEX. GOVâT CODE ANN. § 24.003(b)(4); see also id. § 74.093(d) (referring to âthe transfer of cases from one court to anotherâ); id. § 74.094(a) (referring to event âin any of the courtsâ); id. § 74.094(d) (referring to âcourts, other than the[] [judge's] own [district court]â). Moreover, the 11th District Court of Harris Countyâthe trial court in the Ellisor suitâand the 129th District Court of Harris Countyâthe trial court in this caseâwere created at different times under separate statutes.[22] See id. §§ 24.112, 24.231. While it is true that different district courts may act in each otherâs stead for some purposes, we find no support for the proposition that two different district courts in the same county should be considered the same court for purposes of Texas Civil Practice and Remedies Code section 16.064(a).[23] Here, after determining that the Del Pino property owners lacked a justiciable interest in the Ellisor suit, the 11th District Court was required to strike their plea in intervention. See Union Carbide, 273 S.W.3d at 154â56. That ruling, though, did not implicate the ability of the 129th District Court to exercise subject-matter jurisdiction over the Del Pino property ownersâ claims when they filed their original petition in this case. We conclude that the Del Pino property ownersâ original petition was filed in a âdifferent courtâ than its previously filed plea in intervention, and the Del Pino property owners satisfied the âdifferent courtâ requirement set out in Texas Civil Practice and Remedies Code section 16.064(a).[24] See TEX. CIV. PRAC. & REM. CODE ANN. § 16.064(a); see also Villarreal, 2010 WL 11575588, at *2. For these reasons, we hold Texas Civil Practice and Remedies Code section 16.064(a) applies to this case to toll the statute of limitations applicable to the Del Pino property ownersâ claims and the trial court did not err in denying the San Jacinto companiesâ motion to dismiss. We overrule the San Jacinto companiesâ sole issue. Conclusion We affirm the order of the trial court. Julie Countiss Justice Panel consists of Chief Justice Radack and Justices Countiss and Farris.