(a) The privilege established by Section 1101.101 does not apply to:
(1) a document, communication, datum, or report or other information required by a regulatory agency to be collected, developed, maintained, or reported under a federal or state environmental or health and safety law;
(2) information obtained by observation, sampling, or monitoring by a regulatory agency; or
(3) information obtained from a source not involved in the preparation of the audit report.
(b) This section does not limit the right of a person to agree to conduct and disclose an audit report.