Texas Government Code 2006.015 – Determination of Claim
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(a) The hearings officer in an administrative adjudicatory proceeding or the court in a civil action shall determine whether the proceeding or action is groundless and brought:
(1) in bad faith; or
(2) for purposes of harassment.
(b) In making the determination, the hearings officer or court shall consider:
(1) the multiplicity of parties;
(2) the complexity of the claims and defenses;
(3) the length of time available to the agency to investigate and conduct discovery; and
(4) affidavits, depositions, and any other relevant matters.
Terms Used In Texas Government Code 2006.015
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
(c) In making a determination, a hearings officer or a court may not consider the amount of damages, civil penalties, fines, taxes, or other monetary recovery sought by the state agency.