2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 105. FRIVOLOUS CLAIM BY STATE AGENCY  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 5. GOVERNMENTAL LIABILITY

CHAPTER 105. FRIVOLOUS CLAIM BY STATE AGENCY

Sec. 105.001. DEFINITIONS. In this chapter:

(1) "Fees and other expenses" means:

(A) the reasonable expenses of witnesses incurred in preparing

to testify or in attending or testifying;

(B) a reasonable fee for the professional services of an expert

witness; and

(C) the reasonable costs of a study, analysis, engineering

report, test, or other project the court finds to be necessary

for the preparation of the party's case.

(2) "Party" means an individual, partnership, corporation,

association, or public or private organization other than a state

agency.

(3) "State agency" means a board, commission, department,

office, or other agency that:

(A) is in the executive branch of state government;

(B) was created by the constitution or a statute of this state;

and

(C) has statewide jurisdiction.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 105.002. RECOVERY OF FEES, EXPENSES, AND ATTORNEY'S FEES.

A party to a civil suit in a court of this state brought by or

against a state agency in which the agency asserts a cause of

action against the party, either originally or as a counterclaim

or cross claim, is entitled to recover, in addition to all other

costs allowed by law or rule, fees, expenses, and reasonable

attorney's fees incurred by the party in defending the agency's

action if:

(1) the court finds that the action is frivolous, unreasonable,

or without foundation; and

(2) the action is dismissed or judgment is awarded to the party.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 105.003. MOTION OF FRIVOLOUS CLAIM. (a) To recover under

this chapter, the party must file a written motion alleging that

the agency's claim is frivolous, unreasonable, or without

foundation. The motion may be filed at any time after the filing

of the pleadings in which the agency's cause of action is

alleged.

(b) The motion must set forth the facts that justify the party's

claim.

(c) The motion must state that if the action is dismissed or

judgment is awarded to the party, the party intends to submit a

motion to the court to recover fees, expenses, and reasonable

attorney's fees.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 105.004. PAYMENT OF COSTS. The agency shall pay the fees

and expenses from funds appropriated for operation of the agency,

funds appropriated for the payment of fees and expenses under

this chapter, or other funds available for that purpose.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.