S.B. No. 813
AN ACT
relating to recovery of damages, attorney's fees, and costs related
to frivolous regulatory actions by state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 105, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 105. FRIVOLOUS CLAIM OR REGULATORY ACTION BY STATE AGENCY
SECTION 2. The heading to 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 FOR FRIVOLOUS CLAIM.
SECTION 3. Chapter 105, Civil Practice and Remedies Code,
is amended by adding Sections 105.005 and 105.006 to read as
follows:
Sec. 105.005. CAUSE OF ACTION FOR FRIVOLOUS REGULATORY
ACTION. (a) A claimant may bring an action against a state agency
if the state agency takes a regulatory action against the claimant
that is frivolous, unreasonable, or without foundation.
(b) A claimant may bring an action under this section only
after the claimant has exhausted the claimant's administrative
remedies with respect to the regulatory action against the
claimant.
(c) In an action brought under this section, a claimant may
recover, in addition to all other costs allowed by law or rule, the
damages caused by the state agency's frivolous regulatory action,
reasonable attorney's fees, and court costs.
Sec. 105.006. RECOVERY OF ATTORNEY'S FEES AND COSTS IN
FRIVOLOUS REGULATORY ACTION. A person may recover, in addition to
all other costs allowed by law or rule, reasonable attorney's fees
and costs incurred in defending against a frivolous regulatory
action during an administrative proceeding and judicial review of
that proceeding if:
(1) the person prevails in the judicial review of an
administrative proceeding; and
(2) the state agency is unable to demonstrate that the
agency has good cause for the regulatory action.
SECTION 4. The change in law made by this Act applies only
to a regulatory action taken on or after the effective date of this
Act. A regulatory action taken before the effective date of this
Act is governed by the law applicable to the 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 813 passed the Senate on
April 12, 2017, by the following vote: Yeas 28, Nays 3;
May 25, 2017, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2017, House
granted request of the Senate; May 27, 2017, Senate adopted
Conference Committee Report by the following vote: Yeas 27,
Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 813 passed the House, with
amendments, on May 21, 2017, by the following vote: Yeas 131,
Nays 7, two present not voting; May 26, 2017, House granted request
of the Senate for appointment of Conference Committee;
May 27, 2017, House adopted Conference Committee Report by the
following vote: Yeas 144, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor