Texas Family Code

§ 261.108 — FRIVOLOUS CLAIMS AGAINST PERSON REPORTING

FA § 261.108Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part E. PROTECTION OF THE CHILD · Ch. 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT · Art. B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES

Statute text

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(a)In this section:

(1)"Claim" means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.

(2)"Defendant" means a party against whom a claim is made.

(b)A court shall award a defendant reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:

(1)the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and

(2)the claim is dismissed or judgment is rendered for the defendant.

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Legislative history

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 53, eff. September 1, 2025.