The court shall certify that the action is an antifraud action if the court determines that:

1. (1) the requirements of Section 703.051 are met; and
2. (2) the pleadings and evidence demonstrate that the covered entity has a probable right of recovery.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.