Bill Text: TX SB813 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to recovery of damages, attorney's fees, and costs related to frivolous regulatory actions by state agencies.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB813 Detail]

Download: Texas-2017-SB813-Enrolled.html
 
 
  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
feedback