(a) The refusal of a newspaper to publish, without receiving advance payment for making the publication, a notice or citation in a state court proceeding in which the state or a political subdivision of the state is a party and in which the cost of the publication is to be charged as fees or costs of the proceeding is considered an unqualified refusal to publish the notice or citation.
(b) The sworn statement of the newspaper’s publisher or the person offering to insert the notice or citation in the newspaper is subject to record as proof of the refusal.