Tex. Gov't Code Section 2006.013
Requirements for Recovery


In an administrative adjudicatory proceeding or a civil action resulting from a complaint issued by a state agency against a small business under the agency’s administrative or regulatory functions, the small business may be awarded reasonable attorney fees and court costs if:


it is a small business at the time it becomes a party to the proceeding or action;


it prevails in the proceeding or action; and


the proceeding or action was groundless and brought:


in bad faith; or


for purposes of harassment.


For purposes of this section, a small business prevails in a proceeding or action if there is not:


an adjudication, stipulation, or acceptance of liability; or


a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the small business.


A small business may not recover under this subchapter if the parties have executed a settlement agreement that, while not stipulating liability or violation, requires the small business to take corrective action or pay a monetary sum.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Source: Section 2006.013 — Requirements for Recovery, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2006.­htm#2006.­013 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 2006.013’s source at texas​.gov