Texas Civil Practice and Remedies Code
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 partys 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 ATTORNEYS FEES FOR FRIVOLOUS CLAIM. 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, a total amount not to exceed $1 million for fees, expenses, and reasonable attorneys fees incurred by the party in defending the agencys action if:

(1)

the court finds that the action is frivolous; 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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 2, eff. September 1, 2019.
Source
Last accessed
Oct. 18, 2019