Communications between a party's attorney and a testifying expert witness in an action subject to this chapter are protected from discovery regardless of the form of the communications, except to the extent that the communications:

1. (1) relate to compensation for the expert's study or testimony;
2. (2) identify facts or data that the party's attorney provided and that the expert considered in forming the opinions the expert will express; or
3. (3) identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions the expert will express.

Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.