In this subchapter:
(1) "Groundless" means having no basis in law or fact.
(2) "Small business" means a legal entity, including a corporation, partnership, or sole proprietorship that:
(A) is formed for the purpose of making a profit;
(B) is independently owned and operated;
(C) is not a publicly held corporation; and
(D) has fewer than 100 employees or less than $1 million in annual gross receipts at the end of the fiscal year preceding the year of the filing of an administrative adjudicatory proceeding or civil action in which the entity is seeking recovery under this subchapter.
(3) "State agency" means a board, commission, department, or office that:
(A) is in the executive branch of state government;
(B) was created by the constitution or a statute of this state; and
(C) has statewide jurisdiction.