Tex. Gov't Code Section 2006.013
Requirements for Recovery

(a)

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:

(1)

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

(2)

it prevails in the proceeding or action; and

(3)

the proceeding or action was groundless and brought:

(A)

in bad faith; or

(B)

for purposes of harassment.

(b)

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

(1)

an adjudication, stipulation, or acceptance of liability; or

(2)

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

(c)

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 Apr. 13, 2024).

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Accessed:
Apr. 13, 2024

§ 2006.013’s source at texas​.gov