Tex. Civ. Prac. & Rem. Code § 105.003 · Chapter 105. FRIVOLOUS CLAIM OR REGULATORY ACTION BY STATE AGENCY
MOTION OF FRIVOLOUS CLAIM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) To recover under Section 105.002, the party must file a written motion alleging that the agency's claim is frivolous. The motion may be filed at any time after the filing of the pleadings in which the agency's cause of action is alleged.
(b) The motion must set forth the facts that justify the party's claim.
(c) The motion must state that if the action is dismissed or judgment is awarded to the party, the party intends to submit a motion to the court to recover fees, expenses, and reasonable attorney's fees.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 3, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.105.htm
- Text hash
- sha256 c547a148de9cd44a29c064b333aa5cfac75defc19d09d97bec3c04eaa4e8024e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.