AI-assisted research summary: A court must award certain defense costs to a defendant if the claim meets the section’s conditions, and the defendant must file a written motion to recover.
Sec. 261.108. FRIVOLOUS CLAIMS AGAINST PERSON REPORTING. (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. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 53, eff. September 1, 2025.