Except as provided by Section 104.0035, the state is not liable for the defense of an action covered by this chapter or for damages, court costs, or attorney's fees unless:
(1) the attorney general has been served in the case and the state has been given an opportunity to defend the suit; or
(2) the person against whom the action is brought delivers to the attorney general all process served on the person not later than the 10th day after the date of service.