Tex. Family Code § 261.108
This is the official text of Tex. Family Code § 261.108, part of Texas’s Family Code — governs marriage, divorce, child custody and support, and adoption.
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§ 261.108. FRIVOLOUS CLAIMS AGAINST PERSON REPORTING.
Official statutory text
(a) In this section:
(1) "Claim" means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.
(2) "Defendant" means a party against whom a claim is made.
(b) A court shall award a defendant reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:
(1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and
(2) the claim is dismissed or judgment is rendered for the defendant.
(c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:
(1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and
(2) the defendant requests the court to award reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of the claim.
(1) "Claim" means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.
(2) "Defendant" means a party against whom a claim is made.
(b) A court shall award a defendant reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:
(1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and
(2) the claim is dismissed or judgment is rendered for the defendant.
(c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:
(1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and
(2) the defendant requests the court to award reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of the claim.
Status: in_force · Read it on the official government site
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