Amend CSSB 27 (senate committee printing) as follows:
(1) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 105, Civil Practice and Remedies Code, is amended by adding Section 105.006 to read as follows:
Sec. 105.006. COURT FACTORS FOR FRIVOLOUS CLAIM OR ACTION. In determining whether a claim or regulatory action is frivolous under this chapter, the court may consider whether:
(1) the claim's or action's realistic chance of ultimate success is slight;
(2) the claim or action has no arguable basis in law or fact;
(3) it is clear that the state agency cannot prove facts in support of the claim or action; or
(4) the totality of the tendered evidence fails to demonstrate any arguable basis for the claim or action.
(2) In SECTION 6 of the bill, in added Section 2001.903, Government Code (page 2, line 9), between the underlined period and "The", insert "(a)".
(3) In SECTION 6 of the bill, immediately after added Section 2001.903, Government Code (page 2, between lines 17 and 18), insert the following:
(b) In determining whether a regulatory action is frivolous under Subsection (a), the administrative law judge may consider whether:
(1) the action's realistic chance of ultimate success is slight;
(2) the action has no arguable basis in law or fact;
(3) it is clear that the state agency cannot prove facts in support of the action; or
(4) the totality of the tendered evidence fails to demonstrate any arguable basis for the action.