(a) Except as provided by Subsection (b), a person who has purchased or is purchasing a lot after July 1, 1995, in a subdivision for residential purposes that does not have water and sewer services as required by this subchapter and is located in an economically distressed area, as defined by § 17.921, Water Code, from a subdivider, may bring suit in the district court in which the property is located or in a district court in Travis County to:
(1) declare the sale of the property void, require the subdivider to return the purchase price of the property, and recover from the subdivider:
(A) the market value of any permanent improvements the person placed on the property;
(B) actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities;
(C) court costs; and
(D) reasonable attorney’s fees; or
(2) enjoin a violation or threatened violation of § 232.032, require the subdivider to plat or replat under § 232.040, and recover from the subdivider:
(A) actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities;
(B) court costs; and
(C) reasonable attorney’s fees.
(b) If the lot is located in a county defined under § 232.022(a)(2), a person may only bring suit under Subsection (a) if the person purchased or is purchasing the lot after September 1, 2005.