FRIVOLOUS CLAIMS AGAINST PERSON REPORTING

(a) In this section: (1) "Claim" means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages. (2) "Defendant" means a party against whom a claim is made. (b) A court shall award a defendant reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if: (1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and (2) the claim is dismissed or judgment is rendered for the defendant. (c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that: (1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and (2) the defendant requests the court to award reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of the claim.