Texas Civil Practice and Remedies Code

§ 105.005 — RECOVERY OF ATTORNEY'S FEES AND COSTS IN FRIVOLOUS REGULATORY ACTION

CP § 105.005Title 5. GOVERNMENTAL LIABILITY · Ch. 105. FRIVOLOUS CLAIM OR REGULATORY ACTION BY STATE AGENCY

Statute text

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.

Legislative history

Added by Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 4, eff. September 1, 2019.