Bill Text: TX HB3936 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to recovery of damages, attorney's fees, and costs related to frivolous claims and regulatory actions by state agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Judiciary & Civil Jurisprudence [HB3936 Detail]
Download: Texas-2019-HB3936-Introduced.html
86R6728 SCL-F | ||
By: Hefner | H.B. No. 3936 |
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relating to recovery of damages, attorney's fees, and costs related | ||
to frivolous claims and regulatory actions by state agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 105.002, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 105.002. RECOVERY OF FEES, EXPENSES, AND ATTORNEY'S | ||
FEES. 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 attorney's fees incurred by the | ||
party in defending the agency's action if: | ||
(1) the court finds that the action is frivolous[ |
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(2) the action is dismissed or judgment is awarded to | ||
the party. | ||
SECTION 2. Section 105.003(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) To recover under Section 105.002 [ |
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party must file a written motion alleging that the agency's claim is | ||
frivolous[ |
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be filed at any time after the filing of the pleadings in which the | ||
agency's cause of action is alleged. | ||
SECTION 3. Subchapter Z, Chapter 2001, Government Code, is | ||
amended by adding Section 2001.903 to read as follows: | ||
Sec. 2001.903. RECOVERY OF ATTORNEY'S FEES AND COSTS IN | ||
CONTESTED CASES INVOLVING FRIVOLOUS REGULATORY ACTION. The | ||
administrative law judge or court reviewing a contested case may | ||
award a person, in addition to all other costs allowed by law, an | ||
amount not to exceed $1 million for reasonable attorney's fees and | ||
costs incurred in defending against a frivolous regulatory action | ||
during the case and judicial review of that case if: | ||
(1) the person prevails in the case; and | ||
(2) the administrative law judge or court, as | ||
applicable, finds that the regulatory action is frivolous. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a claim filed or regulatory action taken on or after the | ||
effective date of this Act. A claim filed or regulatory action | ||
taken before the effective date of this Act is governed by the law | ||
applicable to the claim or regulatory action immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 5. This Act takes effect September 1, 2019. |