The attorney general shall advise an attorney, on the attorney’s request, in the prosecution or defense of an action in which the state is interested before a district or inferior court if:
(1) the requesting attorney has investigated the question involved and submitted a brief to the attorney general; and
(2) the requesting attorney is:
(A) a district or county attorney; or
(B) a county employee who:
(i) serves as the head of the civil legal department of a county located on the international border that has a population of less than 400,000 and contains one or more municipalities with a population of 200,000 or more; and
(ii) has received approval for the submission of the request from the commissioners court of the county.