Sec. 2006.013.  REQUIREMENTS FOR RECOVERY.  (a)  In an administrative adjudicatory proceeding or a civil action resulting from a complaint issued by a state agency against a small business under the agency's administrative or regulatory functions, the small business may be awarded reasonable attorney fees and court costs if:
(1)  it is a small business at the time it becomes a party to the proceeding or action;
(2)  it prevails in the proceeding or action;  and
(3)  the proceeding or action was groundless and brought:
(A)  in bad faith;  or
(B)  for purposes of harassment.
(b)  For purposes of this section, a small business prevails in a proceeding or action if there is not:
(1)  an adjudication, stipulation, or acceptance of liability;  or
(2)  a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the small business.
(c)  A small business may not recover under this subchapter if the parties have executed a settlement agreement that, while not stipulating liability or violation, requires the small business to take corrective action or pay a monetary sum.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.