(1) Subject to Subsection (2), and notwithstanding any other provision of law, the following materials are privileged, are not subject to discovery or admissible evidence in a proceeding before a federal or state court, and may not be considered for any other purpose in an action for damages arising from an occurrence at a location described in the materials: (a) a report; (b) a survey; (c) a schedule; (d) a list; or (e) data compiled or collected. (2) The privilege described in Subsection (1) applies only if the materials were created or collected: (a) in accordance with 23 U.S.C. Sec. 409; (b) under federal or state law for the purpose of identifying, evaluating, or planning the safety enhancement of: (i) a potential crash site; (ii) a hazardous highway condition; or (iii) a railway-highway crossing; or (c) for the purpose of developing a highway or railway safety construction improvement project, regardless of the funding source.
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