(a) A member of the legislature, the lieutenant governor, an officer of the house or senate, or a legislative agency, office, or committee that stores records with or transfers records to the Legislative Reference Library or the Texas State Library and Archives Commission:
(1) possesses, maintains, or controls the records for purposes of litigation; and
(2) is the custodian of the records for purposes of Chapter 552.
(b) Subsection (a) does not apply to a member of the legislature or the lieutenant governor after the individual's service as a member or lieutenant governor ends.