§ 27.009.Damages and Costs

This is the provision that gives the TCPA its weight, and it runs in both directions.

If the court orders dismissal, it shall award the moving party court costs and reasonable attorney's fees incurred in defending against the legal action. Mandatory, not discretionary. The 2019 amendments removed "other expenses" from the award, which had previously swept in a broader category of costs.

Sanctions are separate and discretionary. The court may award sanctions against the party who brought the action, in an amount it determines sufficient to deter that party from bringing similar actions. Sanctions require the findings the previous section prescribes.

The respondent has a remedy too. If the court finds a motion to dismiss was frivolous or solely intended to delay, it may award costs and reasonable attorney's fees to the responding party. That provision exists because the motion itself, with its automatic discovery stay and interlocutory appeal, is a powerful delay tool.

Compulsory counterclaims are treated differently. Where the court dismisses a compulsory counterclaim, fees are discretionary and available only on a finding that the counterclaim was frivolous or solely intended for delay — a defendant forced to bring a counterclaim should not automatically pay for having done so.