(a) A person who is the commissioner or an employee, agent, or designee of the department is not liable in a civil action, including an action for libel or slander, because of:
(1) an investigation of a violation of this code or an alleged fraudulent insurance act; or
(2) the publication or dissemination of an official report related to the investigation.
(b) Subsection (a) does not apply to a person who acts with malice.