(a) Subsection (b) applies to an action brought under Section 751.212 if:
(1) the court finds that the action was commenced after the date the written statement described by Section 751.207(b) was timely provided to the agent;
(2) the court expressly finds that the refusal of the person against whom the action was brought to accept the durable power of attorney was permitted under this chapter; or
(3) Section 751.212(e) does not apply and the court does not issue an order ordering the person to accept the power of attorney.
(b) Under any of the circumstances described by Subsection (a), the principal may be liable to the person who refused to accept the durable power of attorney for court costs and reasonable and necessary attorney's fees incurred in defending the action as the exclusive remedy under this chapter.