The administrative law judge in a contested case may award a person, in addition to all other costs allowed by law or rule, an amount not to exceed $1 million for reasonable attorney’s fees and costs incurred in defending against a frivolous regulatory action during the case if there is no judicial review of the decision in the case and:

(1) the person prevails in the case; and

(2) there is a final determination that the regulatory action is frivolous.

Added by Acts 2019, 86th Leg., ch. 504 (S.B. 27), § 6, eff. Sept. 1, 2019.