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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) In an administrative adjudicatory proceeding or a civil action resulting from a complaint issued by a state agency against a small business under the agency's administrative or regulatory functions, the small business may be awarded reasonable attorney fees and court costs if:
(1) it is a small business at the time it becomes a party to the proceeding or action;
(2) it prevails in the proceeding or action; and
(3) the proceeding or action was groundless and brought:
(A) in bad faith; or
(B) for purposes of harassment.
(b) For purposes of this section, a small business prevails in a proceeding or action if there is not:
(1) an adjudication, stipulation, or acceptance of liability; or
(2) a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the small business.
(c) A small business may not recover under this subchapter if the parties have executed a settlement agreement that, while not stipulating liability or violation, requires the small business to take corrective action or pay a monetary sum.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 2006.013. Requirements for Recovery - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-2006-013/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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