(a) If the court finds that the action was brought by a person who planned and initiated the violation of § 36.002 on which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action the person would otherwise receive under § 36.110, taking into account the person’s role in advancing the case to litigation and any relevant circumstances pertaining to the violation.
(b) If the person bringing the action is convicted of criminal conduct arising from the person’s role in the violation of § 36.002, the court shall dismiss the person from the civil action and the person may not receive any share of the proceeds of the action. A dismissal under this subsection does not prejudice the right of the state to continue the action.