SRC-JBJ H.B. 80 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 80
77R1358 DLF-DBy: Gallego (Sibley)
Jurisprudence
4/25/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, a person who acts in good faith in accordance with
a hospital's protocol for identifying potential organ and tissue donors and
the provisions for asking an authorized person to consent to donation on
behalf of a decedent is not liable for civil damages or subject to criminal
prosecution, except in the case of the person's own negligence.  As
proposed, H.B. 80 specifies the standard for liability as an act or
omission that is intentional, wilfully or wantonly negligent, or done with
conscious indifference or reckless disregard.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 692.016(b), Health and Safety Code, to provide
that a person who acts in good faith in accordance with Sections 692.013
and 692.014 is not liable as a result of the action except in the case of
an act or omission of the person that is intentional, wilfully or wantonly
negligent, or done with conscious indifference or reckless disregard.
Deletes existing text regarding a person's own negligence.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: upon passage or September 1, 2001.