Section 261.108 - Frivolous Claims Against Person Reporting(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 attorney's fees 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.(c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:(1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and(2) the defendant requests the court to award reasonable attorney's fees and other expenses related to the defense of the claim.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. 4/20/1995.