(1) The attorney general is the legal advisor for the department and shall defend the department and the department's representatives in all actions and proceedings brought against the department.
(2)
(a) The county attorney or the district attorney, as provided in Title 17, Chapter 68, County and District Attorney, of the county in which a cause of action arises or a public offense occurs may bring civil or criminal action, upon request of the department, to enforce the laws, standards, orders, and rules of the department or to prosecute violations of this title.
(b) If the county attorney or district attorney fails to act under Subsection (2)(a), the department may request the attorney general to bring an action on behalf of the department.