Tex.
Occ. Code Section 555.012
Counterclaim or Suit
(a)
A person who provides information or assistance under Section 555.002 (Complaints)(c) and who is named as a defendant in a civil action filed as a result of the information or assistance 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 to be frivolous, unreasonable, without foundation, or brought in bad faith.(b)
A board employee or member or an agent of the board who is named as a defendant in a civil action filed as a result of an action taken in the person’s official capacity or in the course and scope of employment 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 to be frivolous, unreasonable, without foundation, or brought in bad faith.
Source:
Section 555.012 — Counterclaim or Suit, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.555.htm#555.012 (accessed Jun. 5, 2024).
