Section 105.005. Recovery of Attorney's Fees and Costs in Frivolous Regulatory Action

TX Civ Prac & Rem Code § 105.005 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 105.005. RECOVERY OF ATTORNEY'S FEES AND COSTS IN FRIVOLOUS REGULATORY ACTION. 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.

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