Tex. Occ. Code Section 261.104
Counterclaim for Frivolous Suit

A dental peer review committee, a person participating in peer review, or any other person named as a defendant in a civil action filed as a result of participation in peer review may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney’s fees, and damages incurred as a result of the civil action, if the plaintiff’s original suit is determined:

(1)

to be frivolous; or

(2)

to have been brought in bad faith.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Source: Section 261.104 — Counterclaim for Frivolous Suit, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­261.­htm#261.­104 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 261.104’s source at texas​.gov