Except in a suit brought for a violation of Chapter 28 of this code or of Chapter 401, Health and Safety Code, a civil penalty recovered in a suit brought under this subchapter by a local government shall be divided as follows:
(1) the first $4.3 million of the amount recovered shall be divided equally between:
(A) the state; and
(B) the local government that brought the suit; and
(2) any amount recovered in excess of $4.3 million shall be awarded to the state.