85R2608 SCL-D     By: Meyer H.B. No. 2516       A BILL TO BE ENTITLED   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)  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.