Sec. 105.002. RECOVERY OF FEES, EXPENSES, AND ATTORNEY'S FEES FOR FRIVOLOUS CLAIM. A party to a civil suit in a court of this state brought by or against a state agency in which the agency asserts a cause of action against the party, either originally or as a counterclaim or cross claim, is entitled to recover, in addition to all other costs allowed by law or rule, a total amount not to exceed $1 million for fees, expenses, and reasonable attorney's fees incurred by the party in defending the agency's action if:
(1) the court finds that the action is frivolous; and
(2) the action is dismissed or judgment is awarded to the party.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 2, eff. September 1, 2019.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 5 - Governmental Liability
Chapter 105 - Frivolous Claim or Regulatory Action by State Agency
Section 105.002. Recovery of Fees, Expenses, and Attorney's Fees for Frivolous Claim
Section 105.003. Motion of Frivolous Claim
Section 105.004. Payment of Costs
Section 105.005. Recovery of Attorney's Fees and Costs in Frivolous Regulatory Action