Texas Civil Practice and Remedies Code 105.005 – Recovery of Attorney’s Fees and Costs in Frivolous Regulatory Action
Current as of: 2024 | Check for updates
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Terms Used In Texas Civil Practice and Remedies Code 105.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
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.