(1) Except as provided in Subsection (2) or (3)(c), a person has an affirmative defense in a civil action if: (a) the conduct, omission, or condition alleged to have caused the plaintiff harm was authorized or required by: (i) statute; (ii) ordinance; (iii) administrative rule; (iv) a permit, license, or order; or (v) another written instrument that has the force of law and is issued by a governmental entity; and (b) the authorization or requirement described in Subsection (1)(a) was in effect at the time the conduct, omission, or condition occurred, which is: (i) for conduct, when the conduct is undertaken; (ii) for an omission, when the omission occurs; and (iii) for a condition, when the condition initially arises. (2) The affirmative defense described in Subsection (1) does not apply if the plaintiff proves that the governmental entity that issued the authorization or requirement described in Subsection (1) has determined that: (a) the person materially failed to comply with the terms or conditions of the authorization or requirement; (b) the person's conduct exceeded the scope of the authorization or requirement; or (c) the person procured the authorization or requirement by fraud. (3) This section does not: (a) create a cause of action; (b) affect the availability of another defense in a civil action; (c) apply to a products liability action; or (d) abrogate, eliminate, or reduce any common law or statutory duty to exercise reasonable care under the circumstances. (4) Subject to Subsections (2) and (3), the affirmative defense described in this section applies to a civil action regardless of the theory of liability on which the action is based. (5) This section abrogates the common law to the extent the common law is inconsistent with this section. (6) If any provision of this section is held invalid, the invalidity does not affect any other provision of this section that can be given effect without the invalid provision. Trial, Judgment, and Appeal
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