Texas § CP.105.003 - MOTION OF FRIVOLOUS CLAIM

Full text of Texas The Texas Constitution § CP.105.003 — MOTION OF FRIVOLOUS CLAIM, with citation guidance and answers to common questions.

§ CP.105.003. MOTION OF FRIVOLOUS CLAIM

MOTION OF FRIVOLOUS CLAIM. (a) To recover under Section 105.002 , the party must file a written motion alleging that the agency's claim is frivolous. The motion may be filed at any time after the filing of the pleadings in which the agency's cause of action is alleged. (b) The motion must set forth the facts that justify the party's claim. (c) The motion must state that if the action is dismissed or judgment is awarded to the party, the party intends to submit a motion to the court to recover fees, expenses, and reasonable attorney's fees. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27 ), Sec. 3, eff. September 1, 2019.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § CP.105.003

What does The Texas Constitution § CP.105.003 cover?

Section CP.105.003 ("MOTION OF FRIVOLOUS CLAIM") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § CP.105.003?

A common citation format is "The Texas Constitution § CP.105.003" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § CP.105.003 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.