Texas Civil Practice and Remedies Code

§ 105.002 — RECOVERY OF FEES, EXPENSES, AND ATTORNEY'S FEES FOR FRIVOLOUS CLAIM

CP § 105.002Title 5. GOVERNMENTAL LIABILITY · Ch. 105. FRIVOLOUS CLAIM OR REGULATORY ACTION BY STATE AGENCY

Statute text

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:

Legislative history

Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 2, eff. September 1, 2019.