By Gallego                                              H.B. No. 80
         77R1358 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to immunity applicable to certain persons acting under the
 1-3     Texas Anatomical Gift Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 692.016(b), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (b)  A person who acts in good faith in accordance with
 1-8     Sections 692.013 and 692.014 is not liable as a result of the
 1-9     action except in the case of an act or omission of the person that
1-10     is intentional, wilfully or wantonly negligent, or done with
1-11     conscious indifference or reckless disregard [the person's own
1-12     negligence].  For purposes of this subsection, "good faith" in
1-13     determining the appropriate person authorized to make a donation
1-14     under Section 692.004 means making a reasonable effort to locate
1-15     and contact the member or members of the highest priority class who
1-16     are available at or near the time of death.
1-17           SECTION 2.  This Act applies only to a cause of action that
1-18     accrues on or after the effective date of this Act.  A cause of
1-19     action that accrues before the effective date of this Act is
1-20     governed by the law as it existed immediately before the effective
1-21     date of this Act, and that law is continued in effect for this
1-22     purpose.
1-23           SECTION 3.  This Act takes effect immediately if it receives
1-24     a vote of two-thirds of all the members elected to each house, as
 2-1     provided by Section 39, Article III, Texas Constitution.  If this
 2-2     Act does not receive the vote necessary for immediate effect, this
 2-3     Act takes effect September 1, 2001.