(a) If the defendant is acquitted in the criminal case described by Section 473.001(a), the defendant may maintain a civil action against the applicant and the applicant's sureties on the bond.
(b) The defendant may recover the full amount of the bond, or an amount of damages that is less than the amount of the bond, as may be assessed by a court or jury, if the defendant shows at trial that, at the time the defendant placed the obstruction, the obstruction was located on the defendant's own property or on property in the defendant's lawful possession and not on a public highway established by proper authority.