Tex. Civ. Prac. & Rem. Code § 105.002

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 105.002 - Recovery of Fees, Expenses, and Attorney's Fees for Frivolous Claim

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.

Tex. Civ. Prac. and Rem. Code § 105.002

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 504,Sec. 2, eff. 9/1/2019.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. 9/1/1985.