(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:
(a) a report;
(b) a survey;
(c) a schedule;
(d) a list; or
(e) data compiled or collected.
(2) The privilege described in Subsection (1) applies only if the materials were created or collected:
(a) in accordance with 23 U.S.C. Sec. 409;
(b) under federal or state law for the purpose of identifying, evaluating, or planning the safety enhancement of:
(i) a potential crash site;
(ii) a hazardous highway condition; or
(iii) a railway-highway crossing; or
(c) for the purpose of developing a highway or railway safety construction improvement project, regardless of the funding source.