Sec. 105.005. RECOVERY OF ATTORNEY'S FEES AND COSTS IN FRIVOLOUS REGULATORY ACTION. The court reviewing a decision in a contested case under Chapter 2001, Government Code, may award a person, in addition to all other costs allowed by law or rule, an amount not to exceed $1 million for reasonable attorney's fees and costs incurred in defending against a frivolous regulatory action during the contested case and judicial review of the decision in the contested case if:
(1) the person prevails on review; and
(2) there is a final determination that the regulatory action is frivolous.
Added by Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 4, 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