(a) The commission may impose a civil penalty of not more than $4,000 for the filing of a frivolous or bad-faith complaint. In this subsection, “frivolous complaint” means a complaint that is groundless and brought in bad faith or is groundless and brought for the purpose of harassment.
(b) In addition to other penalties, the respondent may commence a civil action on the respondent’s own behalf against any person who filed a frivolous complaint against the respondent. Any action under this chapter shall be brought in a district court in the county. The court may award costs and attorney’s fees.

Terms Used In Texas Local Government Code 161.205

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011

(c) A person may file a sworn complaint with the commission, in accordance with § 161.155, alleging that a complaint relating to that person filed with the commission is frivolous or brought in bad faith. A complaint may be filed under this subsection without regard to whether the complaint alleged to be frivolous or brought in bad faith is pending before the commission or has been resolved. The commission shall act on a complaint made under this subsection as provided by Subchapter D.

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