State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-555-public-interest-information-and-complaint-procedures

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE J. PHARMACY AND PHARMACISTS

CHAPTER 555. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec. 555.001. PUBLIC INTEREST INFORMATION. (a) The board shall

prepare information of public interest describing the functions

of the board and procedures by which complaints are filed with

and resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

(c) The board shall provide on its website a list of all

Internet pharmacies licensed by the board and shall provide

information about each pharmacy, including the pharmacy's name,

license number, and state of physical location. In this

subsection, an Internet pharmacy is a pharmacy physically located

in this state or another state that:

(1) dispenses a prescription drug or device under a prescription

drug order in response to a request received by way of the

Internet to dispense the drug or device; and

(2) delivers the drug or device to a patient in this state by

United States mail, common carrier, or delivery service.

(d) Information regarding the home address or home telephone

number of a person licensed or registered under this subtitle,

including a pharmacy owner, is confidential and not subject to

disclosure under Chapter 552, Government Code, but each person

licensed or registered must provide the board with a business

address or address of record that is subject to disclosure under

Chapter 552, Government Code, and that may be posted on the

board's Internet site or in the board's licensure verification

database.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 10, eff. September 1, 2005.

Sec. 555.002. COMPLAINTS. (a) The board by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the board for the purpose of directing complaints to the board.

The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for service provided by a person regulated by the

board.

(b) The board shall list with its regular telephone number any

toll-free telephone number established under other state law that

may be called to present a complaint about a health professional.

(c) Any person who has knowledge relating to an action or

omission of a pharmacist or pharmacy licensed by the board that

constitutes a ground for disciplinary action under Section

565.001 or 565.002, or a rule adopted under one of those

sections, may provide relevant records, report relevant

information, or provide assistance to the board.

(d) A complaint directed to the board under this section may be

made through the Internet.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 972, Sec. 2, eff. Sept. 1,

2001.

Sec. 555.003. COMPLAINT FORM. The board by rule shall adopt a

form on which a person may file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.004. ASSISTANCE WITH COMPLAINT. The board shall

provide reasonable assistance to a person who wants to file a

complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.005. RECORDS OF COMPLAINTS. For each complaint

received by the board, the board shall maintain information about

parties to the complaint, the subject matter of the complaint, a

summary of the results of the review or investigation of the

complaint, and its disposition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 11, eff. September 1, 2005.

Sec. 555.006. NOTIFICATION CONCERNING COMPLAINT. (a) The board

shall notify the complainant not later than the 30th day after

the date the board receives the complaint and shall provide an

estimated time for resolution of the complaint.

(b) If a written complaint is filed with the board that the

board has authority to resolve, the board, at least every four

months and until final disposition of the complaint, shall notify

the parties to the complaint of the status of the complaint

unless the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.007. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt policies and

procedures concerning the investigation of a complaint filed with

the board. The policies and procedures must:

(1) determine the seriousness of the complaint;

(2) ensure that a complaint is not closed without appropriate

consideration;

(3) ensure that a letter is sent to the person who filed the

complaint explaining the action taken on the complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint;

(5) prescribe guidelines concerning the types of complaints that

require the use of a private investigator and the procedures for

the board to obtain the services of a private investigator; and

(6) allow appropriate employees of the board to dismiss a

complaint if an investigation shows that:

(A) no violation occurred; or

(B) the subject of the complaint is outside the board's

jurisdiction.

(b) The board shall:

(1) dispose of a complaint in a timely manner; and

(2) establish a schedule for conducting each phase of the

investigation or disposition that is under the control of the

board.

(c) At each public meeting of the board, the executive director

shall report to the board each complaint dismissed under

Subsection (a)(6) since the board's last public meeting.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 12, eff. September 1, 2005.

Sec. 555.008. NOTICE TO BOARD CONCERNING COMPLAINTS. (a) The

executive director shall notify the board of the number of

complaints that are unresolved after two years after the date of

the filing of the complaint. The executive director shall provide

the board with an explanation of the reason that a complaint has

not been resolved.

(b) The executive director shall provide the notice and

explanation required under Subsection (a) periodically at

regularly scheduled board meetings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.009. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

an issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.010. CONFIDENTIALITY. The identity of a person who

reports to or assists the board under Section 555.002(c) and a

document that could disclose the identity of that person are

confidential and are not considered public information for the

purposes of Chapter 552, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.011. IMMUNITY. (a) A person who provides information

or assistance under Section 555.002(c) is immune from civil

liability arising from providing the information or assistance.

(b) Subsection (a) shall be liberally construed to accomplish

the purposes of this chapter, and the immunity provided under

that subsection is in addition to any other immunity provided by

law.

(c) A person who provides information or assistance to the board

under this chapter is presumed to have acted in good faith. A

person who alleges a lack of good faith has the burden of proof

on that issue.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.012. COUNTERCLAIM OR SUIT. (a) A person who provides

information or assistance under Section 555.002(c) and who is

named as a defendant in a civil action filed as a result of the

information or assistance may file a counterclaim in a pending

action or may prove a cause of action in a subsequent suit to

recover defense costs, including court costs, attorney's fees,

and damages incurred as a result of the civil action, if the

plaintiff's original suit is determined to be frivolous,

unreasonable, without foundation, or brought in bad faith.

(b) A board employee or member or an agent of the board who is

named as a defendant in a civil action filed as a result of an

action taken in the person's official capacity or in the course

and scope of employment may file a counterclaim in a pending

action or may prove a cause of action in a subsequent suit to

recover defense costs, including court costs, attorney's fees,

and damages incurred as a result of the civil action, if the

plaintiff's original suit is determined to be frivolous,

unreasonable, without foundation, or brought in bad faith.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-555-public-interest-information-and-complaint-procedures

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE J. PHARMACY AND PHARMACISTS

CHAPTER 555. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec. 555.001. PUBLIC INTEREST INFORMATION. (a) The board shall

prepare information of public interest describing the functions

of the board and procedures by which complaints are filed with

and resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

(c) The board shall provide on its website a list of all

Internet pharmacies licensed by the board and shall provide

information about each pharmacy, including the pharmacy's name,

license number, and state of physical location. In this

subsection, an Internet pharmacy is a pharmacy physically located

in this state or another state that:

(1) dispenses a prescription drug or device under a prescription

drug order in response to a request received by way of the

Internet to dispense the drug or device; and

(2) delivers the drug or device to a patient in this state by

United States mail, common carrier, or delivery service.

(d) Information regarding the home address or home telephone

number of a person licensed or registered under this subtitle,

including a pharmacy owner, is confidential and not subject to

disclosure under Chapter 552, Government Code, but each person

licensed or registered must provide the board with a business

address or address of record that is subject to disclosure under

Chapter 552, Government Code, and that may be posted on the

board's Internet site or in the board's licensure verification

database.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 10, eff. September 1, 2005.

Sec. 555.002. COMPLAINTS. (a) The board by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the board for the purpose of directing complaints to the board.

The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for service provided by a person regulated by the

board.

(b) The board shall list with its regular telephone number any

toll-free telephone number established under other state law that

may be called to present a complaint about a health professional.

(c) Any person who has knowledge relating to an action or

omission of a pharmacist or pharmacy licensed by the board that

constitutes a ground for disciplinary action under Section

565.001 or 565.002, or a rule adopted under one of those

sections, may provide relevant records, report relevant

information, or provide assistance to the board.

(d) A complaint directed to the board under this section may be

made through the Internet.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 972, Sec. 2, eff. Sept. 1,

2001.

Sec. 555.003. COMPLAINT FORM. The board by rule shall adopt a

form on which a person may file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.004. ASSISTANCE WITH COMPLAINT. The board shall

provide reasonable assistance to a person who wants to file a

complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.005. RECORDS OF COMPLAINTS. For each complaint

received by the board, the board shall maintain information about

parties to the complaint, the subject matter of the complaint, a

summary of the results of the review or investigation of the

complaint, and its disposition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 11, eff. September 1, 2005.

Sec. 555.006. NOTIFICATION CONCERNING COMPLAINT. (a) The board

shall notify the complainant not later than the 30th day after

the date the board receives the complaint and shall provide an

estimated time for resolution of the complaint.

(b) If a written complaint is filed with the board that the

board has authority to resolve, the board, at least every four

months and until final disposition of the complaint, shall notify

the parties to the complaint of the status of the complaint

unless the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.007. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt policies and

procedures concerning the investigation of a complaint filed with

the board. The policies and procedures must:

(1) determine the seriousness of the complaint;

(2) ensure that a complaint is not closed without appropriate

consideration;

(3) ensure that a letter is sent to the person who filed the

complaint explaining the action taken on the complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint;

(5) prescribe guidelines concerning the types of complaints that

require the use of a private investigator and the procedures for

the board to obtain the services of a private investigator; and

(6) allow appropriate employees of the board to dismiss a

complaint if an investigation shows that:

(A) no violation occurred; or

(B) the subject of the complaint is outside the board's

jurisdiction.

(b) The board shall:

(1) dispose of a complaint in a timely manner; and

(2) establish a schedule for conducting each phase of the

investigation or disposition that is under the control of the

board.

(c) At each public meeting of the board, the executive director

shall report to the board each complaint dismissed under

Subsection (a)(6) since the board's last public meeting.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 12, eff. September 1, 2005.

Sec. 555.008. NOTICE TO BOARD CONCERNING COMPLAINTS. (a) The

executive director shall notify the board of the number of

complaints that are unresolved after two years after the date of

the filing of the complaint. The executive director shall provide

the board with an explanation of the reason that a complaint has

not been resolved.

(b) The executive director shall provide the notice and

explanation required under Subsection (a) periodically at

regularly scheduled board meetings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.009. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

an issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.010. CONFIDENTIALITY. The identity of a person who

reports to or assists the board under Section 555.002(c) and a

document that could disclose the identity of that person are

confidential and are not considered public information for the

purposes of Chapter 552, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.011. IMMUNITY. (a) A person who provides information

or assistance under Section 555.002(c) is immune from civil

liability arising from providing the information or assistance.

(b) Subsection (a) shall be liberally construed to accomplish

the purposes of this chapter, and the immunity provided under

that subsection is in addition to any other immunity provided by

law.

(c) A person who provides information or assistance to the board

under this chapter is presumed to have acted in good faith. A

person who alleges a lack of good faith has the burden of proof

on that issue.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.012. COUNTERCLAIM OR SUIT. (a) A person who provides

information or assistance under Section 555.002(c) and who is

named as a defendant in a civil action filed as a result of the

information or assistance may file a counterclaim in a pending

action or may prove a cause of action in a subsequent suit to

recover defense costs, including court costs, attorney's fees,

and damages incurred as a result of the civil action, if the

plaintiff's original suit is determined to be frivolous,

unreasonable, without foundation, or brought in bad faith.

(b) A board employee or member or an agent of the board who is

named as a defendant in a civil action filed as a result of an

action taken in the person's official capacity or in the course

and scope of employment may file a counterclaim in a pending

action or may prove a cause of action in a subsequent suit to

recover defense costs, including court costs, attorney's fees,

and damages incurred as a result of the civil action, if the

plaintiff's original suit is determined to be frivolous,

unreasonable, without foundation, or brought in bad faith.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-555-public-interest-information-and-complaint-procedures

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE J. PHARMACY AND PHARMACISTS

CHAPTER 555. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec. 555.001. PUBLIC INTEREST INFORMATION. (a) The board shall

prepare information of public interest describing the functions

of the board and procedures by which complaints are filed with

and resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

(c) The board shall provide on its website a list of all

Internet pharmacies licensed by the board and shall provide

information about each pharmacy, including the pharmacy's name,

license number, and state of physical location. In this

subsection, an Internet pharmacy is a pharmacy physically located

in this state or another state that:

(1) dispenses a prescription drug or device under a prescription

drug order in response to a request received by way of the

Internet to dispense the drug or device; and

(2) delivers the drug or device to a patient in this state by

United States mail, common carrier, or delivery service.

(d) Information regarding the home address or home telephone

number of a person licensed or registered under this subtitle,

including a pharmacy owner, is confidential and not subject to

disclosure under Chapter 552, Government Code, but each person

licensed or registered must provide the board with a business

address or address of record that is subject to disclosure under

Chapter 552, Government Code, and that may be posted on the

board's Internet site or in the board's licensure verification

database.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 10, eff. September 1, 2005.

Sec. 555.002. COMPLAINTS. (a) The board by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the board for the purpose of directing complaints to the board.

The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for service provided by a person regulated by the

board.

(b) The board shall list with its regular telephone number any

toll-free telephone number established under other state law that

may be called to present a complaint about a health professional.

(c) Any person who has knowledge relating to an action or

omission of a pharmacist or pharmacy licensed by the board that

constitutes a ground for disciplinary action under Section

565.001 or 565.002, or a rule adopted under one of those

sections, may provide relevant records, report relevant

information, or provide assistance to the board.

(d) A complaint directed to the board under this section may be

made through the Internet.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 972, Sec. 2, eff. Sept. 1,

2001.

Sec. 555.003. COMPLAINT FORM. The board by rule shall adopt a

form on which a person may file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.004. ASSISTANCE WITH COMPLAINT. The board shall

provide reasonable assistance to a person who wants to file a

complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.005. RECORDS OF COMPLAINTS. For each complaint

received by the board, the board shall maintain information about

parties to the complaint, the subject matter of the complaint, a

summary of the results of the review or investigation of the

complaint, and its disposition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 11, eff. September 1, 2005.

Sec. 555.006. NOTIFICATION CONCERNING COMPLAINT. (a) The board

shall notify the complainant not later than the 30th day after

the date the board receives the complaint and shall provide an

estimated time for resolution of the complaint.

(b) If a written complaint is filed with the board that the

board has authority to resolve, the board, at least every four

months and until final disposition of the complaint, shall notify

the parties to the complaint of the status of the complaint

unless the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.007. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt policies and

procedures concerning the investigation of a complaint filed with

the board. The policies and procedures must:

(1) determine the seriousness of the complaint;

(2) ensure that a complaint is not closed without appropriate

consideration;

(3) ensure that a letter is sent to the person who filed the

complaint explaining the action taken on the complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint;

(5) prescribe guidelines concerning the types of complaints that

require the use of a private investigator and the procedures for

the board to obtain the services of a private investigator; and

(6) allow appropriate employees of the board to dismiss a

complaint if an investigation shows that:

(A) no violation occurred; or

(B) the subject of the complaint is outside the board's

jurisdiction.

(b) The board shall:

(1) dispose of a complaint in a timely manner; and

(2) establish a schedule for conducting each phase of the

investigation or disposition that is under the control of the

board.

(c) At each public meeting of the board, the executive director

shall report to the board each complaint dismissed under

Subsection (a)(6) since the board's last public meeting.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 12, eff. September 1, 2005.

Sec. 555.008. NOTICE TO BOARD CONCERNING COMPLAINTS. (a) The

executive director shall notify the board of the number of

complaints that are unresolved after two years after the date of

the filing of the complaint. The executive director shall provide

the board with an explanation of the reason that a complaint has

not been resolved.

(b) The executive director shall provide the notice and

explanation required under Subsection (a) periodically at

regularly scheduled board meetings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.009. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

an issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.010. CONFIDENTIALITY. The identity of a person who

reports to or assists the board under Section 555.002(c) and a

document that could disclose the identity of that person are

confidential and are not considered public information for the

purposes of Chapter 552, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.011. IMMUNITY. (a) A person who provides information

or assistance under Section 555.002(c) is immune from civil

liability arising from providing the information or assistance.

(b) Subsection (a) shall be liberally construed to accomplish

the purposes of this chapter, and the immunity provided under

that subsection is in addition to any other immunity provided by

law.

(c) A person who provides information or assistance to the board

under this chapter is presumed to have acted in good faith. A

person who alleges a lack of good faith has the burden of proof

on that issue.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 555.012. COUNTERCLAIM OR SUIT. (a) A person who provides

information or assistance under Section 555.002(c) and who is

named as a defendant in a civil action filed as a result of the

information or assistance may file a counterclaim in a pending

action or may prove a cause of action in a subsequent suit to

recover defense costs, including court costs, attorney's fees,

and damages incurred as a result of the civil action, if the

plaintiff's original suit is determined to be frivolous,

unreasonable, without foundation, or brought in bad faith.

(b) A board employee or member or an agent of the board who is

named as a defendant in a civil action filed as a result of an

action taken in the person's official capacity or in the course

and scope of employment may file a counterclaim in a pending

action or may prove a cause of action in a subsequent suit to

recover defense costs, including court costs, attorney's fees,

and damages incurred as a result of the civil action, if the

plaintiff's original suit is determined to be frivolous,

unreasonable, without foundation, or brought in bad faith.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.