COST RECOVERY BY APPEALING OR CONTESTING PARTY.
Tex. HEALTH & SAFETY Code § 361.342.
in effectIf the court finds that an administrative order referred to by Section 361.341 is frivolous, unreasonable, or without foundation with respect to a party named by the order, the party appealing or contesting the order is entitled to recover from the state its reasonable:
(1) attorney's fees;
(2) costs to prepare and provide witnesses; and
(3) costs of studies, analyses, engineering reports, tests, or other projects the court finds were necessary to prepare the party's case.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.