(a) In an action against a person described by Section 41.312(a), the court shall award to the person court costs and attorney's fees incurred in the action if the person is found immune under that section and the person is not represented by the attorney general.
(b) In an action against a person described by Section 41.312(a) who is represented by the attorney general, the court shall award to the attorney general court costs and attorney's fees incurred in the action if the person is found immune under that section.