1. (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:

   1. (a) a report;
   2. (b) a survey;
   3. (c) a schedule;
   4. (d) a list; or
   5. (e) data compiled or collected.

2. (2) The privilege described in Subsection (1) applies only if the materials were created or collected:

   1. (a) in accordance with 23 U.S.C. Sec. 409;

   2. (b) under federal or state law for the purpose of identifying, evaluating, or planning the safety enhancement of:

      1. (i) a potential crash site;
      2. (ii) a hazardous highway condition; or
      3. (iii) a railway-highway crossing; or
   3. (c) for the purpose of developing a highway or railway safety construction improvement project, regardless of the funding source.

Enacted by Chapter 344, 2026 General Session