Tex. Civ. Prac. & Rem. Code § 105.005

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

Section 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.

Tex. Civ. Prac. and Rem. Code § 105.005

Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 504,Sec. 4, eff. 9/1/2019.