(a) To recover under this subchapter, a small business, not later than the 30th day after the date of the filing of the administrative adjudicatory proceeding or civil action, must file a written motion that:
(1) alleges that the proceeding or action was groundless and brought:
(A) in bad faith; or
(B) for purposes of harassment;
(2) states the facts that justify the small business’s claim; and
(3) states that if the claim is dismissed or judgment is awarded to the small business, the small business will seek recovery of attorney fees and court costs.
(b) A small business may not recover attorney fees and court costs under this subchapter if, not later than the 30th day after the date the small business gives notice that it has filed a motion under Subsection (a), the state agency:
(1) amends the pleadings so that the small business that has filed the motion is no longer a party to the proceeding or action; or
(2) dismisses the proceeding or action.