Texas Civil Practice and Remedies Code

§ 105.003 — MOTION OF FRIVOLOUS CLAIM

CP § 105.003Title 5. GOVERNMENTAL LIABILITY · Ch. 105. FRIVOLOUS CLAIM OR REGULATORY ACTION BY STATE AGENCY

Statute text

(a)To recover under Section 105.002, the party must file a written motion alleging that the agency's claim is frivolous. The motion may be filed at any time after the filing of the pleadings in which the agency's cause of action is alleged.

(b)The motion must set forth the facts that justify the party's claim.

(c)The motion must state that if the action is dismissed or judgment is awarded to the party, the party intends to submit a motion to the court to recover fees, expenses, and reasonable attorney's fees. 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. 3, eff. September 1, 2019.