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

Texas Senate Bill 813 (Prior Session Legislation)

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