(a) In this section, “state agency” includes:
(1) a department, commission, board, office, or other agency in the legislative, executive, or judicial branch of state government; and
(2) a university system or institution of higher education as defined by Section 61.003, Education Code.
(b) A state agency may request the attorney general to represent the state agency in a legal proceeding that arises from an escape or migration of carbon dioxide captured or sequestered in connection with a clean coal project.

(c) If the attorney general declines to represent the state agency, the state agency may obtain outside counsel in accordance with Section 402.0212, Government Code, and for purposes of that section, the attorney general’s declination to represent the agency constitutes the attorney general’s approval of the outside counsel for the matter.